명예훼손
The defendant shall be innocent.
1. On April 20, 2016, the Defendant in the factory office called D at the Yangcheon-gu Seoul apartment site, Yangcheon-gu Seoul Metropolitan Government, and called D, “victim E resided in Seoul in the past because of sphones, and went to a house that became a house that became a source of sphones without any sphones.
The complainant was expressed to F, the representative of the company.
It is certain that there was a sponsor.
“.....”
However, in fact, the victim was living together with his birth in Seoul and did not receive the Seoul residence from his phone, and the defendant was aware that he did not have such fact.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts against the victim.
2. In the crime of defamation of reputation, performance refers to the state in which many, unspecified or unspecified persons can be recognized. Thus, even if one person spreads facts individually, if there is a possibility of spreading them to many, unspecified or unspecified persons, the requirements of performance should be satisfied. However, if there is no possibility of spreading any other fact, the spread of facts to a specific person must reach a performance (see, e.g., Supreme Court Decisions 83Do891, Feb. 28, 1984; 2010Do7497, Sept. 8, 2011). According to the records, it is recognized that the defendant made a statement as described in the facts charged in the instant case while telephone conversations with D with D, but the witness and E statement (including both investigative agencies and this court) is recognized as having been recorded in D and, i.e.,,,, “D and victim only made a phone call to the extent that the defendant had been aware of the victim’s help in the business, and it does not have been denied as Seoul.”