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(영문) 부산지방법원 2013.10.18 2013노2256
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The content of the former part of the instant case is a true fact that is not the purpose of slandering the victims, but the Defendant attached the former part of the instant case for the public interest to prevent noise generation between floors to the apartment residents living in the Defendant. Therefore, the instant facts charged are dismissed by Article 310 of the Criminal Act.

B. The judgment of the court below on the sentence of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. Article 310 of the Criminal Act provides that “When an act under Article 307(1) is true and solely for the public interest, the act shall not be punished.” Thus, in order for a person to harm a reputation by openly pointing out a fact to not be punished in accordance with the above provision, the act of infringing a person’s reputation by openly pointing out a fact should be objectively viewed as related to the public interest, and the actor should also indicate the fact for the public interest, and such fact should be true.

In addition, Article 310 of the Criminal Code provides that "the time when the publicly alleged facts relate to the public interest" is objectively seen, and an actor is also required to explicitly state the facts for the public interest for the purpose of subjectively. 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 publicly alleged facts relate to the public interest or not shall be determined by considering the contents and nature of the publicly alleged facts, the scope of the other party to whom the relevant facts were publicly announced, the method of expression, etc., and the degree of infringement of honor that may be damaged or damaged by the expression, etc., at the same time, shall be compared and considered.

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