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(영문) 서울서부지방법원 2016.01.22 2015고정1383

명예훼손

Text

The defendant shall be innocent.

Reasons

1. The Defendant, from around December 2013 to December 2014, 201, livedd with C (n, 37 years of age).

Around 15:00 on May 30, 2015, the Defendant stated that “Seoul Guarantee Insurance Co., Ltd. (Seoul Guarantee Insurance Co., Ltd.) was in a waiting room for “Seoul Guarantee Insurance Co., Ltd.” located in Jongno-gu Seoul, Jongno-gu, Seoul, that “The Defendant had an inappropriate relationship with the wife in the Republic of Korea, and that the wife left the Republic of Korea.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. In the crime of defamation of reputation, performance refers to the state in which many, unspecified or unspecified persons can be recognized, and even if a fact is distributed to one person individually, if there is a possibility that the fact might be disseminated to many, unspecified or unspecified persons, the requirement of performance should be satisfied. However, if there is no possibility to spread it differently, the spread of fact to a specific person should be determined (see, e.g., Supreme Court Decision 2010Do7497, Sept. 8, 201). In full view of the following circumstances acknowledged by the evidence duly adopted and duly examined by the court, the evidence submitted by the prosecutor alone that the Defendant’s statement to E may have a possibility of spreading to many, unspecified or unspecified persons.

It is difficult to see, and there is no other evidence to acknowledge it.

A. The Defendant found E to have a defect in the place of view, other than the office where there is a staff member, and allowed E to enter into the waiting room of Seoul Guarantee Insurance Co., Ltd. in the lower judgment. At the time, the Defendant and E did not appear to have any other person around the Defendant and E.

B. E, as a representative of the F Newspaper accompanying the victim, listens to the statements from the Defendant in this court, and transferred the statements to G as the chief commissioner of the above newspaper company, who is a personnel authority for the victim, discussed whether the victim was dismissed, and stated that there was no fact in addition to G, other than G.

(c)

The injured party shall in this Court.