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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant: (a) around 21:00 on March 11, 2013, the charge refers to “E operated by D” in Busan-gu, Busan-gu; (b) the Defendant heard from D that the former lessee of the above bath would have been able to repair the bath, and that he would have been able to do so; and (c) he stated D that “I would like to do so, and I would like to do so, and if I would like to do so, I would like to see, and she would see, if I would like to do so. I would like to see, if I would like to do so, I would like to do so. I would like to see: (a) I would like to see; (b) I would like to see, “I would like to do so; and (c) I would like to see how I would like to do so from D; and (d) I would like to say, “I would like to see how I would like to do so after this year.”
However, the Defendant did not have any sufficient reason to report to the lessee that F, which is the subject of the above bath building, would have been able to take the bath against the lessee.
Nevertheless, the Defendant undermined F’s reputation by openly pointing out false facts.
2. The gist of the defense counsel’s assertion cannot be deemed as referring to the Defendant’s speech as indicated in the facts charged (hereinafter “the instant speech”). In light of the fact that the Defendant only made the instant speech to D and the Defendant’s speech could be used as testimony in a trial, it is difficult to view that the Defendant has a public performance, and there was no intention to defame the Defendant.
3. The public performance, which is the constituent element of the crime of defamation, refers to the state in which many, unspecified or unspecified persons can be recognized. Although a statement of facts about one person is made, if there is possibility of spreading to many, unspecified or unspecified persons, it shall meet the requirements of public performance. However, if public performance of the crime of defamation is acknowledged on the ground of propagation, it is necessary to dolusence as a subjective element of the elements of crime.