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(영문) 대구지방법원 2016.07.01 2015노1615
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. That a person who has suffered damage to the gist of the grounds for appeal has not interfered with the victim for a long time at school;

The Defendant stated the summary report of this case to G, and the Defendant stated that “a party is frighten or biased and accurate analysis and behaviord.”

In light of the fact that it is difficult to believe, there was an intentional act against the defendant to defame the victim.

Even though it can be seen, the judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that the defendant's act constitutes a publicly alleged fact for the public interest and thus the illegality is dismissed.

2. Determination

A. The summary of the facts charged in the instant case is the professor of C University, D also is the professor of the said University, and D around May 2012, E, who is the professor of the said University, was called a self-inspection committee and conducted an investigation.

On September 2012, the Defendant: (a) convened and investigated by the Investigation Committee at C University playground located in F in Busan Metropolitan City around the end of September, 2012; (b) and (c) received a summary report of the Investigation Committee (hereinafter “the summary report of this case”) stating that the instant report was received and investigated with respect to the suspicion of the exercise of pressure for approval of the thesis; and (c) the suspicion of the use of the false thesis; and (d) thereby, damaged the reputation of D by openly exposing the said university student G.

B. In full view of the following circumstances, the lower court determined that the Defendant’s act, such as the instant facts charged, was performed mainly for the benefit of the entire members of the C University, and thus, acquitted the Defendant on the ground that the Defendant’s act constitutes a case where a statement of true facts was made for the public interest, and thus, the illegality under Article 310 of the Criminal Act was excluded.

1) E around May 2012, “D will be a substitute for a master’s degree discussion.”

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