명예훼손
The appeal by the prosecutor is dismissed.
1. The summary of the grounds of appeal (the factual error) is that at the time when the defendant talked about F's false facts with F to impair the reputation of the victim, F did not go against the victim's secret, and F had an appraisal made by the victim, such as the victim's refusal to return to the victim, and the defendant made a false statement to G, and that there was a spread to the plaintiff who is attending the highest manager of the same university, and thereafter, the false fact was spread to G. In light of the above, the judgment of the court below which acquitted the defendant of the facts of this case even if the defendant's statement was sufficiently recognized through F that the possibility of spreading to others was sufficiently recognized through F, which affected the conclusion of the judgment.
2. The court below held that the crime of defamation is established when the crime of defamation harms reputation by openly pointing out facts or false facts. The performance refers to the state in which many, unspecified persons can be recognized, and even if one person spreads facts to an individual, if there is a possibility of spreading them to an unspecified or many unspecified persons, it shall meet the performance requirement, but if there is no possibility to spread them to an unspecified or unspecified person, the spread of facts to a specific person is not possible. On the other hand, even if public performance is acknowledged on the grounds of radio wave possibility, do not require doluence. Thus, the court below presumed that the act must be aware of the possibility of dissemination to the actor, as well as the intent of deliberation to allow the danger, and presumed that ① the defendant, the victim, and the F went in the process of the highest manager of the same university, and ② the defendant and the defendant stated that “the victim continues to refuse to return to the victim,” and the defendant should not be viewed as having a man who has a relation with the victim.
The male received 3 million won from that male.