명예훼손
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles (A) , the Defendant prepared the instant printed matter and prepared the instant printed matter, and “the clan of this case” or “the instant clan.”
(B) The Defendant’s submission of the instant printed matter to H is for the purpose of promoting the recovery of clan property, and the Defendant did not have any intention to defame the Defendant since it was entirely irrelevant to the Defendant’s will, even if the said printed matter was distributed to the clan members at the general meeting of the clan members, and thus, it cannot be deemed that there was a possibility that the Defendant would spread the instant printed matter to H. (B) The Defendant’s submission of the printed matter to H was for the purpose of promoting the recovery of clan property, and the Defendant did not expect that the contents of the instant printed matter would be disseminated to an unspecified or unspecified person at the time of the submission, and there was no intention to consider such risk, and thus the Defendant did not have any intention to defame the Defendant. (c) Even if the Defendant stated false facts, the Defendant did not indicate false facts in conformity with objective facts. (d) Even if the Defendant stated false facts, the Defendant believed that it was true, and there was a considerable reason to believe it, and thus, the Defendant’s act of the Defendant’s act is unreasonable by means of an unfair sentencing under Article 310 of punishment.
2. Determination
A. The public performance, which is the constituent element of the crime of defamation as to the public performance, refers to the state in which many and unspecified persons can recognize the public performance. Even if one person expresses the fact individually, if there is a possibility of spreading it to an unspecified or unspecified person, the performance requirement
(see, e.g., Supreme Court Decision 2004Do340, Apr. 9, 2004). Facts and facts recognized by the lower court are as stated in its reasoning.