The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged was that the Defendant, on August 2013, 201, had not been living with the victim C, who was a wood company, living with D or caused the property of D, thereby impairing the victim’s reputation by openly pointing out false facts by publicly stating to E, “C woodr saw him like D, who was the Director of the Dowon, and raised money from the Director of the Dowon.”

2. 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. Even if a fact was distributed to one person individually, if there is a possibility of spreading it to many, unspecified or unspecified persons, the requirement of public performance is satisfied, but if there is no possibility of spreading it to the contrary, the spread of fact to a specific person

Meanwhile, in a case where the public performance of defamation is acknowledged on the ground of the possibility of spreading as above, at least dolusent intent is required as a subjective element of the constituent elements of the crime, and thus, there is a perception of the possibility of spreading, as well as an intent to review the risk to allow such danger. Whether the actor is aware of the possibility of spreading should be determined on the basis of specific circumstances, such as the form of the act that appeared outside and the situation of the act. In light of how to assess the possibility of spreading, the psychological state from the standpoint of the

(See Supreme Court Decision 2010Do2877 Decided October 28, 2010). With respect to the instant case, the health team and the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① upon the request of the victim, E asked the Defendant whether the Defendant could hold a seminars at a church in which he/she is in office as a pastor, and the Defendant refused the said request from the victim as a pastor.