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The defendant's appeal is dismissed.
Reasons
1. As to the point of defamation as of September 29, 2017, the summary of the grounds for appeal (defence of facts and misapprehension of legal principles) (1) there is no fact that the Defendant stated the victim as “E affairs and as of September 29, 2017, I special?” as stated in the facts charged.
② In relation to defamation as of August 21, 2017, it is true that the Defendant stated at the time that the victim referred to as “the victim, who is in an inappropriate relationship with the E clerical work site,” but the above “inappropriate relationship” does not mean false facts, such as indivating or unfair relationship between the victim and E indicated in the facts charged, but refers to the relationship or responsibility of the victim with the victim as to the indivating of the Defendant and the victim’s image during several years, and the damage of C’s image over several years.
(3) The provisions shall not apply even if they are not.
Even if the defendant, in the course of questioning or responding to the demand for confirmation, the victim's "I have once fluened," etc., and therefore, the defendant did not have any intention to defame the victim.
2. Determination
A. First, considering the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s chief executive officer: (a) the victim consistently made from the investigative agency to the court of the lower court’s trial on September 29, 2017, the victim stated that the Defendant’s victim was the victim at a large voice as “I special?” and (b) F, H, and G, an employee of the same C at the time of witnessing the scene, provided testimony that corresponds to the victim’s statement at the court of the lower court, the Defendant could sufficiently recognize the facts that the Defendant made the statement as described in this part of the facts charged, so the above assertion by the Defendant is without merit.
(b) Next, the health unit for the defendant and the defendant's use of the principal.