명예훼손
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On December 19, 201, the summary of the facts charged is that the Defendant: (a) considered the victim H to have retirement allowances without obtaining approval from a majority of the members of the F Association, including D and E, and the G Association, from the Busan Maritime Transportation Daegu C on December 19, 201; and (b) said that the victim was not present at the G Association and obstructed the Defendant from receiving the non-Confidence signature of the president.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.
2. Determination
A. The public performance, which is the constituent element of the crime of defamation, refers to the state in which many, unspecified or unspecified persons can be recognized, and even if a fact was distributed to one person individually, if there is a possibility of spreading it to many, unspecified or unspecified persons, it shall meet the requirements of public performance, but if there is no possibility of spreading it to others, the public performance shall not be
(2) In the event that the public performance of defamation is recognized on the ground of the possibility of dissemination, it is necessary to establish a subjective element of the constituent elements of the crime, and at least dolusent intent as a subjective element of the constituent element of the crime, and thus, it is necessary to establish an internal intent to allow the risk, as well as to recognize the possibility of dissemination. Whether the actor is aware of the possibility of dissemination or not should be determined by the general public on the basis of specific circumstances, such as the form of the act, the situation of the act, etc. being externally revealed, and how to assess the possibility of dissemination, the psychological condition should be confirmed from the standpoint of the actor.
(See Supreme Court Decision 2004Do340 delivered on April 9, 2004). B.
1 Comprehensively taking account of the evidence duly adopted and examined in this case, the defendant was held at the time and place specified in the above facts charged.