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(영문) 서울중앙지방법원 2014.02.12 2013고정3849
명예훼손
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On August 20, 2012, the Defendant posted a notice on August 20, 2012, 2012, at the entrance of D, E, the entrance of the first floor of the elevator of the building, the bulletin board inside the elevator, and each floor elevator in Jung-gu Seoul, Jung-gu, Seoul, on the entrance of the elevator, “The Defendant, by threatening the security, occupied the guard room by force, and by force, used the guard room for the telecommunications meter rent installed on the rooftop of the building,” thereby impairing the victim G and the victim H, the representative director of F, by openly pointing out the fact.

B. On September 25, 2012, the Defendant, on September 25, 2012, posted a notice of “the date when 134 households live in the Etel,” which read “the date when 44,600,000 won was confirmed to have been useful in accordance with the gross area for the purpose of self-appeal,” thereby impairing the victim H’s reputation, a representative director of F, by openly pointing out facts.

2. The Defendant asserts that his act is not unlawful as it is for the public interest.

If a person’s act of damaging 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. The term “when a person’s act of damaging a person’s reputation” refers to the public interest when objectively viewed the alleged fact, and an actor is also required to subjectively indicate the fact for the public interest. It 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 fact relates to the public interest or not, the content and nature of the relevant publicly alleged fact, the scope of the counter-party against which the publication of the relevant fact was made.

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