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The defendant shall be innocent.
Reasons
1. On October 7, 2016, around 16:48, at the Defendant’s residence, the Defendant stated that the Internet site used by the resident of C apartment using PC [D] free will 'F' as an "E' at a free will 'F', 'F', in a thickness of the representative representative of G merchants, the head of G team received the absolute money from G merchants, and the head of G team was going to a lawsuit in the course of the lawsuit.
In writing, the victim H, the chairperson of the tenant representative meeting, expressed as if he received a bribe in relation to G.
However, the victim did not receive a bribe in relation to G or have not filed a lawsuit.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts for the purpose of slandering.
2. The defendant's assertion and judgment of the defense counsel were merely posted the above article in order to verify the facts in the situation where G is delayed, and there was no purpose of slandering the victim.
3. Determination
A. “Purpose of slandering a person” as prescribed by Article 70(2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. is to require an intention or purpose of defamation. As such, whether a person is intended to defame a person ought to be determined by considering all the circumstances regarding the expression itself, including the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, the method of expression, etc., and the degree of infringement of reputation that may be damaged or damaged by the said expression.
In addition, since the purpose of slandering is in conflict with that for the public interest in the direction of the actor's subjective intention, it is denied the purpose of slandering if the alleged facts are about the public interest, unless there are special circumstances.
The public interest is widely related not only to the national, social and other interests of many general people, but also to a specific social group or its entire members.