명예훼손
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Around 08:00 on April 7, 2013, the Defendant injured the victim’s reputation by openly pointing out facts, such as “The milch of miline is schine with schine and water is no longer visible,” to E, an apartment security guard who introduced the victim D, at the home of Gangseo-gu Seoul Metropolitan Government C Apartment 211 Dong 501, and the victim D.”
2. Determination
A. According to the records of this case, the defendant's statement to E with the same purport as the facts charged is acknowledged, but the defense counsel (the defendant) asserts that this case has no possibility of public performance or propagation.
B. The public performance, which is the constituent element of the crime of defamation, refers to the state in which many and unspecified persons can be recognized, and even if one person has distributed facts individually, if there is a possibility of spreading them to many and unspecified persons, it satisfies the requirements of public performance, but if there is no possibility of spreading them to others, the public performance does not constitute a public performance.
On the other hand, in cases where public performance of defamation is acknowledged on the ground of the possibility of dissemination as above, dolusent intent is required as a subjective element of the constituent elements of the crime, and thus, there is a perception of the possibility of dissemination, as well as an intent to review the risk to allow
(See Supreme Court Decision 2010Do2877 Decided October 28, 2010). C.
In full view of the following circumstances acknowledged by the records of this case, the Defendant’s statement to E as to the same purport as the facts charged is conducted in the process of dividing private dialogue between E and a woman introduced to oneself, and it is difficult to view that the Defendant had an intention to recognize the possibility of radio waves and to allow the risk thereof, and there is no other evidence to acknowledge it.
(1) E refers to the cleaning of apartment corridor at the morning of the ordinary working day and close to the Defendant’s house.