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(영문) 서울서부지방법원 2018.09.05 2018고정217
명예훼손
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On June 18, 2017, the Defendant: (a) around 14:30 on the charge of each of the instant charges, at the headquarters of the “C church” in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around June 18, 2017; (b) E in the past, which first filed a sexual indecent act against D head, was distributed to 50 passengers of the above church, a letter of A4 printed article, stating the following as follows: “E in the past, which had threatened the son of his sexual intercourse with a false fact, was the human body that had threatened him/her of his/her sexual indecent act; and (c) in the past, he/she threatened him/her of his/her sexual indecent act; and (d) distributed to 500 believers of the above church.

In fact, the victim E was subject to sexual indecent act against the high F pastor, and made intimidation, and thus, the above content was different from fact, the Defendant believed it as a fact and damaged the honor of the victim by openly pointing out a fact as above.

Around 14:00 on April 16, 2017, the Defendant: (a) at C church located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) however, there was no fact that the Defendant intended to transfer the said church to a victim G ( South, 63 3 years). However, the Defendant completed the establishment of the church and attempted to remove the C church within 3 years to the members of the C church with the document called “Announcement of the Political Party’s Assembly Chairperson for the stabilization of the C church’s stability; and (c) filed an accusation against the C church with D and H for its failure, thereby impairing the reputation of the victim by openly threateninging the F wooden to the prosecution by embezzlement, etc., thereby impairing the reputation of the victim.

2. Determination

A. The phrase “when an act under Article 307(1) of the Criminal Act is true and solely for the public interest” refers to a true fact (Article 310 of the Criminal Act). The phrase “when an act is solely for the public interest” refers to the public interest when objectively viewed the alleged fact, and an actor should be subjectively identified for the public interest, and such an act should be related to the public interest.

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