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(영문) 대전지방법원 2017.02.10 2016고정1441
명예훼손
Text

Defendants are not guilty.

Reasons

1. The facts charged against Defendant A is the chairman of the council of representatives of apartment occupants in Daejeon Seo-gu, Daejeon apartment C, and Defendant B is the managing director of the same apartment, and the victim D is the same representative of the above C apartment 102 unit.

around May 16, 2016, Defendants conspired to publish a notice of recommendation for dismissal of the representative of the apartment unit against the victim on the above C Apartment 102 bulletin board, and attempted to have the victim hold the female president at the early stage of occupancy.

There is a case where there is a fine of 2 million won or 500,000 won for defamation caused by the representative and accusation.

The term “patently damaged the reputation of the victim”.

2. The Defendants asserted to the effect that the illegality is excluded since they stated facts for the public interest.

'Public interest' includes 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 its entire members. Whether the alleged facts relate to public interest or not shall be determined by comparing and considering the contents and nature of the alleged facts in question, the scope of the counter-party to whom the publication of the facts in question was made, and the degree of infringement of honor that may be damaged or damaged by the expression in question, etc. At the same time, if the principal motive or purpose of the actor is incidental for the public interest, the application of Article 310 of the Criminal Act shall not be excluded even if the actor’s major motive or purpose is added to the benefit of the public interest (see Supreme Court Decisions 9Do3048, Feb. 11, 200; 98Do2188, Feb. 25, 200; 9Do527, Jun. 13, 200; 200).

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