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(영문) 서울남부지방법원 2017.02.09 2016고정2604
명예훼손
Text

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

Reasons

The Defendants were the occupants of Gangseo-gu Seoul Metropolitan Government apartment apartment, and the victim F was the chairperson of the Council of Representatives of Residents of the above apartment from November 2014 to October 2016.

On February 15, 2016, Defendants filed a complaint with the victim on charges of larceny, property damage, intimidation, defamation, occupational embezzlement, etc., and around May 31, 2015, the Seoul Southern District Prosecutors’ Office issued a notice of the result of the disposition of the accusation and accusation to the effect that “the part of the crime of larceny and property damage was summaryly prosecuted, and the other part was decided to be unsuspected.”

On July 2, 2016, at around 16:50, the Defendants posted the notice of the result of the disposition of the accusation and accusation case, as well as the first letter of the judgment of the Seoul Southern District Court on April 28, 2016, which was sentenced to a fine of KRW 500,000 for property damage by the victim.

As a result, the Defendants conspired with each other to damage the reputation of the victim by openly pointing out facts.

On the other hand, the Defendants’ posting of the facts charged constitutes a requirement under Article 307(1) of the Criminal Act, pointing out facts against many and unspecified persons, thereby undermining the victim’s social evaluation.

However, in full view of the following circumstances revealed by the record, the Defendants’ act of defamation is related to the public interest in view of the alleged facts objectively, and the principal purpose and motive of the actor is also deemed to be for the public interest. Therefore, the illegality of the act is excluded pursuant to Article 310 of the Criminal Act and cannot be punished accordingly.

① As a result of the disposition of the above accusation and accusation cases, the Defendants stated that “the wall beams” is included in the theft column and the damage column of property (each of the former summary type “each”) in the notice, and posted each of the documents in the first letter of the said judgment in the form issued by the prosecutor’s office or the court.

b) the Commission;

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