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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the defendant's grounds for appeal (fact-finding or misunderstanding of legal principles) is that the statement made by the defendant against the victim on the job where the victim was newly established is unlikely to spread outside the school, and thus, for the public interest of the church, not for the purpose of gathering the victim as a human being or unilaterally incurring only damages, and thus, the court below erred by misapprehending the legal principles, or by misapprehending the legal principles, which found the defendant guilty of part of the facts charged of this case.
2. Determination:
A. Of the facts charged in the instant case, the Defendant convicted of the lower court on April 8, 2012, at around 11:50, and around 40 to 50, at the time of the distribution of the “Seoul Northern-gu Association”, the Defendant infringed the victim’s honor by openly pointing out facts by saying, “Drgrging a church would have disturbed our church in the future, and it would be good if our church would not go forward.” B. However, according to the evidence duly adopted and examined by the lower court as to the public performance of the edition (1), the Defendant’s statement was conducted against 40 to 50, “Crgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgr,” and if the Defendant spreads facts against a large number of people even
Therefore, this part of the defendant's argument is without merit.
(2) In order for an act that defames a person by openly pointing out facts with respect to the public interest to be dismissed and punished pursuant to Article 310 of the Criminal Act, it shall be related to the public interest from an objective point of view of the alleged facts, and an actor shall also indicate the facts for the public interest. Here, “public interest” refers not only to the public interest of the State, society, and other general public, but also to a specific social group or the whole members’ interest.