logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.07.29 2014고정67
명예훼손
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The summary of the facts charged is that Defendant B is the auditor of the council of occupants' representatives of Goyang-gu E Apartment-gu, Yangyang-gu and Defendant C is the Dong representative of the above apartment 102 unit, and Defendant A is the Dong representative of the above apartment 107 unit unit.

At around 19:20 on July 1, 2013, the Defendants conspired to make a prior notice of disposition to the effect that “The head of Seoyangyang-gu Office intended to impose an administrative fine of KRW 10 million on F, the representative of the apartment occupant of the said apartment,” which the Defendants received from the Gyeyang-gu Office, and that “the head of Kuyang-gu, Yangyang-si, imposed an administrative fine of KRW 10 million on the representative of the apartment occupant of the said apartment” (hereinafter referred to as the “the document of this case”) and distributed it by visiting 134 households of the said apartment by directly delivering it or attaching it on the entrance.

Accordingly, the Defendants damaged the reputation of the victim F by openly pointing out facts.

2. Determination

A. According to the Defendants and F’s statements, accusation notes, and documents attached thereto, the Defendants’ distribution of the instant documents as stated in the facts charged can be acknowledged. The Defendants’ act constitutes a constituent element of defamation against F once it constitutes a crime of defamation, since the Defendants’ act constitutes a tort of defamation against F.

B. However, if an act that defames a person by openly pointing out a fact is true and solely for the public interest, it may not be punished pursuant to Article 310 of the Criminal Act. Here, the term “material fact” refers to a fact that conforms to objective facts in light of the overall purport of the content, and even if there is a little difference from truth in detail or somewhat exaggerated expression, it refers to the public interest.

arrow