명예훼손
The prosecutor's appeal is dismissed.
1. The court below acquitted the Defendants of the facts charged in this case on the ground that it is difficult to recognize that the possibility of spreading the above statements was sufficiently high in light of the summary of the grounds for appeal (the factual errors or misapprehension of the legal principles) and the fact that the Defendants’ remarks on defamation were made directly by G1, but G did not have any special relationship with the victims, and as a result, were disseminated to others, including the victims. The court below erred by misapprehending the legal principles on “public performance” or by misapprehending the legal principles on “public performance” of defamation.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is a person who serves as a professor in the E-university ice design and professor.
1) On February 24, 2011, at the E University Honorary General Office of the Daejeon-gu, Daejeon-gu, Defendant A told G, the above University Honorary General Office, “H professor’s scenario was not produced by himself. A company coming from Polio is a company which has already discontinued before long time and H professor had no record of service in the above company.” However, the facts were that the victim H had worked for a long time in the advertising design corporation I, the advertising design corporation, and that it was produced by Pololio that was submitted at the time of teaching employment. Nevertheless, the Defendant had undermined the victim’s reputation by openly pointing out false facts to reverse the victim’s teaching appointment. However, on February 24, 2011, Defendant B, at the E University Honorary General Office of the University Foundation located in the Dong-gu, Daejeon-gu, Daejeon-gu, the above University Honorary General Office, “A professor, who had no record of service in the above company, was divorced.”
H Professors and K President are internal relations.
When H professors and Ansan-do professors have taken a training course before 10 years, K President and H professors came from the hotel.
H Professor’s good will not be protected.