The defendant shall be innocent.

1. Around February 22, 2018, the Defendant sent an anonymous letter stating the content of the victim D at B University and C University Head Office at the 4-dong Office of Busan, Jin-gu, Busan, and each of the University branch departments at C University.

The content was that "A victim D who has the criminal record of human life accidents caused by detection of drinking driving and refusal to measure drinking, violation of the Resident Registration Act, excessive punishment, and drinking driving shall not be in the national order, and if there is no appropriate measure, he/she shall continuously file a civil petition against the employment corruption."

As a result, the Defendant, by pointing out facts, damaged the honor of the victim.

2. Determination

A. According to the records of this case, the Defendant sent the documents of this case, which indicated the victim’s criminal records anonymously, to the future, and the principal purport of the documents of this case is that the victim with many criminal records should not work as a university teacher. According to the above facts of recognition, it is difficult to readily conclude that the Defendant sent the documents of this case to B University and C University Head Office of each Department of the C University as above is a crime of defamation to the extent that it is centered on the intention of allowing the victim to be unable to work as a university teacher.

In addition, the public performance, which is the constituent element of the crime of defamation, refers to the state in which many and unspecified persons can be recognized, and even if one person has distributed facts individually, if there is a possibility of spreading them to many and unspecified persons, it shall meet the requirements of the public performance, but if there is no possibility of spreading them against others, the public performance of the crime of defamation shall be deemed to have no public performance. On the other hand, the public performance of