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The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant sent F a text message that defames the victim’s reputation as described in the facts charged of this case; and (b) recognized performance as sufficiently recognized because it is likely to be disseminated to an unspecified or many unspecified persons in light of the content and circumstances of the message; (c) the lower court acquitted the Defendant of the facts charged of this case on the ground that performance or the possibility of spreading is not recognized; and (d) the lower court erred
2. Summary of the facts charged in this case and the judgment of the court below
A. On November 8, 2014, around 13:47, 2014, the summary of the facts charged in the instant case is suspected that the victim D was in an inappropriate relationship with her husband E in the Defendant’s residence of Dongdaemun-gu Seoul Metropolitan Government 106 dong 302, and F using mobile phones, using the cell phone, “D weather is in the shape of several males and children to the extent that there is no remaining male in the center.”
The message sent to “the instant message” (hereinafter “the instant message”) containing false descriptions.
Accordingly, the defendant has damaged the reputation of the victim by disclosing false information openly through information and communication networks with a view to slandering the victim.
B. The lower court determined as follows based on the evidence duly adopted and examined by the lower court: (a) the Defendant’s husband E, the victim, and F together with the G Center (hereinafter “the Center”); and (b) E assaulted the victim on October 31, 2014; and (c) the F tried to arbitrate the victim and E by communicating the victim with the victim after hearing the speech that the victim abused the victim; and (d) on November 1, 2014, the victim made efforts to mediate the victim and E by communicating the victim with the victim.
Upon receiving the text message “,” the Defendant has the husband of the Defendant and the Defendant have his right so far.