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The defendant shall be innocent.
Reasons
1. The Defendant is a person who associates with the victim C.
A. On May 2015, the Defendant brought about D with another male and female-friendly group having an uneasy disorder.
“The honor of the victim C was damaged by openly pointing out false facts.”
B. On August 27, 2015, the Defendant: (a) asked the Defendant whether D was “E major media faculty C” at around 07:58, and (b) asked the Defendant “The Defendant was sleeped without his/her own will in the state of being honored.”
Doly transmitted false facts to mobile phone text messages, thereby impairing the honor of the victim.
(c)
On May 2015, the Defendant damaged the reputation of the said victim by openly pointing out false facts to F, “F had livedd with the former female-friendly Gu” at a place in the fire.
2. Determination
A. The performance of defamation against D (the facts charged A.A. and B.) constitutes the crime of defamation refers to the state in which many and unspecified persons can recognize it, and although they spread facts to one person individually, the performance refers to the state in which many and unspecified persons can recognize it.
Even if there is a possibility that it can be disseminated to many unspecified or unspecified persons, the requirement of performance shall be satisfied, but if there is no possibility that it can be disseminated against others, the spread of facts to a particular person shall not be performed.
Meanwhile, in cases where the public recognizes the public nature of the crime of defamation on the ground of the possibility of dissemination as above, at least dolusent intent is required as a subjective element of the elements of crime, and thus, there is a perception about the possibility of dissemination, as well as an intent in the internal deliberation admitting the risk. Whether the actor was aware of the possibility of dissemination should be determined based on specific circumstances, such as the form of the act that was externally revealed and the situation of the act, etc.