The defendant shall be innocent.

1. On April 5, 2014, the Defendant: (a) at the branch office of the clans Association located in the Gldong-gun, the Defendant: (b) set up a notice of the participation in the ordinary demonstration, stating, “D is currently detained in prison and is currently serving in prison, and is scheduled to be released from prison on April 5, 2014,” with the victim D, who is a clan, by posting it by mail, and by openly pointing out facts against the F, etc., of the E clans.

2. Determination:

A. 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.

In such a case, “the time when a publicly alleged fact is related to the public interest” refers to the publicly interest when objectively viewed, and an actor should also indicate the fact for the public interest subjectively. In such a case, not only the public interest of the State, society, and other general public, but also the interest and interest of a specific social group or the entire members thereof. Whether the publicly alleged fact concerns the public interest or not should be determined by comparing the degree of infringement of honor, which may be damaged or damaged by the expression, with the consideration of the overall circumstances as to the expression itself, such as the content and nature of the publicly alleged fact, the scope of the other party to whom the relevant fact was published, and the method of expression, etc.

Meanwhile, Article 310 of the Criminal Act cannot be ruled out even if the main motive or purpose of the actor is for the benefit of the public interest incidental to other private interest purposes or motives.

Supreme Court Decision 97Do88 delivered on April 11, 1997, Supreme Court Decision 97Do158 delivered on October 9, 1998, Supreme Court Decision 97Do158 delivered on October 201, 201