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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
A. B and C, both husband and wife, did not have any fact that they stolen alone and yellow Dong on the water surface.
Nevertheless, the Defendant, on August 2018, destroyed the honor of B and C by openly pointing out the false fact that “G and the two denying persons stolen olds and new stocks in H,” at the seat of F, which is the seat of C in front of D stores in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.”
B. On August 12, 2018, the Defendant, at the home of the Defendant of D Apartment I, at the Da apartment I, who was the seat of G, thereby undermining the honor of B and C by openly stating that “G and its denial stolens and new shares in H. . two persons will be laid in the detention room.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness F and J;
1. The defendant and his defense counsel asserted that "no performance" does not exist since the defendant stated the facts of the crime in the judgment in F or J only, in the form of the defendant's statement about G (the defendant and his defense counsel stated the facts of the crime to him). Since the public performance in the crime of defamation refers to the state in which many and unspecified persons can be recognized, if there is a possibility that the facts may be disseminated to an unspecified or unspecified person even if they are distributed to each individual, it shall meet the requirements for performance (see, e.g., Supreme Court Decision 2005Do2049, May 25, 2006). In light of the circumstances where the defendant made the statement in this case, the statement, the contents of the statement, the place where the statement was made, and the statement cannot be deemed to have any special relation or circumstances that make it difficult to see that people do not spread false facts to the victims, even if the defendant delivered the contents of the facts of the crime in F and J individually, it is likely that it can be disseminated from an unspecified person or many.
Therefore, the defendant and defense counsel are asserted.