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(영문) 서울남부지방법원 2018.11.23 2018고정383
명예훼손등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the chief of the office of consultation with the Gangseo-gu Seoul Metropolitan Government Institute of Bankruptcy Co., Ltd.

On January 22, 2017, the Defendant had a group of closure in the “(State) E” with respect to the Victim Dispute Resolution E, which had been operated in the vicinity, and had a little amount of money in the public health clinic.

In addition, one person and 12 children are neglected to be infected by a contagious disease.

“In doing so, the victim’s reputation was damaged by openly pointing out false facts, and at the same time, by spreading false facts and by other fraudulent means, the victim’s operation was hindered.

2. In the crime of defamation of reputation, performance refers to the state in which an unspecified person or a large number of people can be recognized. Although spreading facts to an individual person, performance is recognized, if there is a possibility of spreading them to an unspecified person or an unspecified person even if they are disseminated, performance is not recognized (see Supreme Court Decision 2008Do88, May 29, 2008; Supreme Court Decision 2006Do4407, September 22, 2006, etc.). The crime of interference with duties prescribed in Article 314(1) of the Criminal Act meets the requirement that a person interferes with another person's business by spreading false facts or by force (referring to spreading false facts or using deceptive schemes) or by force, and the crime of interference with the business of spreading false facts to a large number of unspecified and unspecified persons (see Supreme Court Decision 200Do5406, May 29, 200; Supreme Court Decision 200Do4506, May 29, 2006).

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