On March 29, 2015, around 01:40, the Defendant spreaded 191 copies of the front section at a place along the way of the park from the river located in the Seogdong-gu, Seogsan to the cultural park. On April 3, 2015, around 15:00, around 32, the Defendant distributed 32 copies of the front section at the place along the North Korean mountain path from the Eunpyeong-gu, Seoul to the luminous-dong.

In fact, however, the former president of the victim D was not related to E, and the F Party was dissolved by the decision of the Constitutional Court, and the victim did not have been killed in the public design in order to conceal the dials of dials or lower the support rate thereby.

Accordingly, the defendant has damaged the reputation of the former president of the victim D through two times.

2. Determination

(a) In order to establish the crime of defamation, a statement of fact must be made, and the alleged facts should thereby be made to the extent that the social value or evaluation of a particular person might be infringed;

At this time, a statement of fact means a report or statement of specific past or current facts, which is substituted by an expression of opinion with a value judgment or evaluation, and the content thereof means that it can be proved by evidence. When a statement of determination is a fact or an opinion is distinguishable from a fact, it shall be determined in consideration of the ordinary meaning and usage of language, possibility of proof, context in which the expression at issue was used, and the overall circumstances, such as the fact-finding social situation, etc. (see Supreme Court Decision 2017Do15628, Dec. 5, 2017, etc.).