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The defendant shall be innocent.
Reasons
1. On November 7, 2014, the summary of the facts charged: (a) around 12:13, 2014, the Defendant made a phone call to C with the Defendant; (b) notwithstanding the fact that the victim D borrowed money from the Defendant and play for the number of days, the Defendant: (c) “The complainant borrowed money to another person; (d) he/she is unable to buy an insurance; (e) he/she is insured; and (e) he/she takes out an insurance policy; and (d) 200,000,000 in return for the insurance policy. D is currently causing approximately KRW 10,000 to many persons in the Sinpopo City. D is a person who takes a seat and is not a member of the said low person. D brought about a funeral or kimchi to the public, bringing about the death of the victim and has taken out an insurance policy after being insured.” The victim’s reputation by openly pointing out false facts.
2. Determination
A. The public performance, which is the constituent element of the crime of defamation, refers to the state in which an unspecified or multiple number of people can be recognized, and even if a fact is publicly known to one person, if there is a possibility of spreading it to an unspecified or many unspecified persons, the performance meets the requirements of public performance (see, e.g., Supreme Court Decisions 96Do1007, Jul. 12, 1996; 99Do5622, May 16, 2000); however, if there is no possibility of spreading it differently, it shall be deemed that the performance
(See Supreme Court Decision 98Do1949 delivered on September 8, 1998). B.
According to the evidence duly adopted and examined by this court, the fact that the Defendant called the victim to C at the time and place as stated in the facts charged can be acknowledged.
However, in full view of the following circumstances revealed by the evidence mentioned above, it cannot be deemed that the facts alleged to C individually are likely to spread to many and unspecified persons, and there is no other evidence to acknowledge it.
(1) The defendant shall be a victim, C and E.