The defendant shall be innocent.

1. The Defendant is dismissed on September 22, 2017 on the ground that he was a member of C, an incorporated association established for the purpose of undertaking projects for the development of B regions in the East Sea, and the Defendant was dismissed on or around September 22, 2017, and the victim D is the chairman of the said incorporated association.

On November 14, 2017, the Defendant: (a) prepared a document verifying that the Defendant was expelled from an incorporated association C, using a computer at the Defendant’s residence located in the East Sea E, stating that “The representative of the E Council, who demanded extreme morality, has been aware of the fact that the Defendant was responsible for the payment of the fine through illegal construction; and (b) sent the document verifying the content to C’s address via the post office on the same day.

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

나. 피고인은 2017. 12. 11. 14:00경 동해시 F에 있는 G주민센터 2층에서 개최된 사단법인 C 임시총회에서 주민 약 50여명이 있는 가운데, “D 회장님이 불법건축을 안하였다고 하셨죠 2015. 4월에 431,000원을 시청에 벌금을 냈습니다.”라고 큰 소리로 말하였다.

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

2. Determination

A. In light of the record as to defamation around November 17, 2017, the Defendant sent the above content certification to the complainant as the addressee. Thus, it is difficult to recognize the public performance solely on the fact that the complainant sent the above content certification to the complainant, and it cannot be seen as defamation.

B. In light of the record as to defamation around December 11, 2017, at the extraordinary general meeting of an incorporated association C, questioning whether H first paid a fine to the complainant who is the president as illegal building, and the complainant denied this, the Defendant who was on the job was the complainant.