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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On August 7, 2013, the summary of the facts charged, the Defendant undermined the honor of the victim by openly pointing out a fact by publicly stating the fact that “The Defendant’s use of the public fund is embezzlement, and it is not a fraud change if it is not known,” while hearing C, D, etc. at a restaurant where it is difficult to know the trade name in the Netcheon-si, Macheon-do.”
2. Determination
A. While the Defendant’s assertion stated in the facts charged, the Defendant asserts that the Defendant’s remarks for the public interest, even if they were to constitute the constituent elements of the crime of defamation of household affairs, are unlawful as it is for the sake of public interest.
B. In order to establish the crime of defamation of a certain person’s social value or evaluation, a specific fact must be indicated, which is likely to infringe on a specific person’s social value or evaluation. Whether an expression constitutes defamation should be determined by objective evaluation in accordance with the social norms of the expression.
(see Supreme Court Decision 2007Do5077, Oct. 25, 2007). In light of the above legal principle, the health stand in this case, and the Defendant’s remarks embezzled the term “the term “the term “the term” provided for in Article 207Do5077, etc.). Thus, the contents are likely to infringe the social value
Therefore, the defendant's remarks damage E's reputation, and as long as the defendant made such remarks according to his/her own will, it is judged that the defendant's intent of defamation exists.
C. Article 310 of the Criminal Act provides, “The act of Article 307(1) is true and solely for the public interest,” and Article 310 of the Criminal Act provides, “The act of impairing a person’s reputation by openly pointing out a fact shall not be punished.” Thus, if it is objectively deemed that the alleged fact is objectively related to the public interest, in order not to be punished due to the elimination of illegality in accordance with the above provision.