Text
The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. Since a mistake of fact did not indicate the facts as stated in the judgment of the court below in order to mislead the defendant about the fact and to make the victim new stocks, there was no intention of defamation against the defendant.
B. Since the facts alleged by the Defendant by misapprehending the legal principles are related to the public interest, the Defendant’s act is excluded from illegality, thereby not constituting defamation.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the content of the statement, the method of expression, the whole context of the statement, the circumstances leading to the statement, and the relationship between the Defendant and the victim, etc., even though the Defendant was not present at the annual conference for the purpose of causing the victim’s new stocks as alleged in the Defendant’s assertion, the Defendant has damaged the victim’s reputation by indicating the facts as indicated in the lower judgment, and the Defendant had the intention of defamation.
This part of the defendant's assertion is without merit.
(1) The suspension of prosecution by the victim who is the chief director of a school juristic person due to an unknown whereabouts of the victim shall be contents that may infringe on the social value or evaluation of the victim.
피해자는 ‘연찬회 개회를 앞두고 행사가 막 시작하려던 차에 피고인이 옆으로 다가와 삐딱한 자세로 거들먹거리며 원심 판시와 같은 발언을 하였고, 뒤를 향해 나가며 경찰서에 신고 전화를 하는 등 심한 모멸감을 주었다.’고 진술하였다.
(2) The KJ, which attended the National Assembly, took part in the statement to the effect as stated in its reasoning while rhyming the victim on the right side of the victim.
The exercise began from 10:00 p.m., 10:5:00 p.m. to 10:00 p.m., 150 p.m.