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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The gist of the grounds for appeal is that the Defendant: (a) while F was suffering from fraud from the victim D, the Defendant stated in the facts charged in the instant case in order to clarify the Defendant as the victim and his accomplice; (b) thus, there was no intention of defamation; and (c) F had already been aware of the victim’s fraud and had already been divided into G and K, and the circumstances leading F divided into talks with G, K, there was no performance of defamation.
In addition, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act, since the Defendant’s act means that people who suffered damage from the victim do not know any longer.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. On April 15, 2014, the summary of the facts charged in the instant case, the Defendant damaged the reputation of the victim by publicly pointing out the fact that “D was the director of the Education Bureau of the E. E. E. E. A., operated by the victim D at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, by publicly pointing out the following facts: “D is a person who had been convicted of having been sentenced to imprisonment in the South-west prison due to bankruptcy while running the same kind of private teaching institute business in the South-west prison. D is a person who had no ability to operate a private teaching institute.”
B. The judgment of the court below is based on the defendant's partial statement, the witness F's legal statement, each police's statement about D and G, and the accusation of the complaint, etc.: (1) F has no special relationship with the victim; (2) F has actually delivered the contents of the victim from the defendant to G; and (3) in light of the above circumstances, it appears that the defendant had an incomplete intention to defame the victim; and (4) performance is sufficient.