The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal doctrine) ① The Defendant merely responded to the question of the I reporter, but did not indicate the facts on the premise that E (hereinafter “victim”) of the E (hereinafter “victim”) is specified and will disappear.

There was no criminal intent to impair the honor of the victim.

(2) Whether a specific content is an article or not is within the authority of a press organization, and there is a duty to verify a fact to a journalist. Therefore, the reporter cannot be held liable for defamation against the defendant, who is merely the news reporter.

③ Considering the overall purport of the interview content, method of expression, and weight of the fact in the interview, the Defendant’s act is excluded from illegality as an act that does not contravene social norms.

Ultimately, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

2. Determination

A. Whether a “patently false fact” was publicly known or not, in the course of dialogueing I reporters, the Defendant did not change contact address after the instant accident and contact with the hospital.

In this case, it can be seen that the victim made a statement of specific false facts that hinder the victim's social reputation by suggesting that the damaged person was locked without reasonably explaining the current situation to the hospital and avoiding the responsibility.

The elements for the crime of defamation refer to the state in which many, unspecified or unspecified persons can be recognized, and even if a fact is indicated for one person, if there is a possibility of spreading it to an unspecified or many unspecified persons, the requirements for performance shall be satisfied (see Supreme Court Decision 99Do5622, May 16, 200). Comprehensively taking account of the evidence duly adopted and examined by the court below and the trial court, the defendant is in charge of public relations and press response with D sex foreign affairs.