The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is between the Defendant and the Victim B (the South and the age of 38) and the “D” located in the Nam-gu Incheon Metropolitan Government C (hereinafter “instant company”). On November 22, 2017, the Defendant damaged the victim’s reputation by openly pointing out false facts to the victim’s employees E, F, and G, etc., “B used humbbbbbbbbbbbs and committed indecent act,” regardless of the existence of the victim’s indecent act by force against the Defendant.”

2. Determination

A. For the establishment of defamation, it is required to make a statement of specific facts sufficient to undermine a person’s social reputation with intent to defame another person as a subjective constituent element. Public performance, which is the constituent element of defamation, refers to a state in which an unspecified or many people can recognize it.

Even if the facts were distributed to one person individually, if there is a possibility of spreading them to many unspecified or unspecified persons, the spread of facts to a specific person does not have a public performance if it satisfies the requirements of performance but there is no possibility of spreading otherwise.

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 crime constituent elements, and thus, there is a perception of the possibility of dissemination, as well as an intent to deliberate to allow the risk.

Whether an actor has accepted the possibility of radio waves should be confirmed from the standpoint of the actor, taking into account how to evaluate the possibility of radio waves if the general public is based on specific circumstances, such as the form and situation of the act that appears outside.

(see, e.g., Supreme Court Decision 2018Do4200, Jun. 15, 2018).

In the facts charged in this case, the following persons are E, F, and G: