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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (the fact-finding) was that the Defendant made a speech that would damage the reputation of the victim B in the building D located in the Jeonsung-gun, Bosung-gun around the end of October 2014.
2. Determination
A. The Defendant and the victim B and C of the instant facts charged are mutually-friendly.
On October 2014, the Defendant, at the home of the Defendant located in Bosung-gun, Jeonsung-gun, Jeonsung-gun around the end of October, 2014, the fact that there was a dispute between the Defendant and the Defendant in relation to the construction cost of new housing that the Defendant delegated to the victim, but the victim acquired, embezzled, or stolen KRW 38,906,138 from the Defendant under the pretext of the construction cost, etc., notwithstanding the absence of the fact that the victim acquired, embezzled, or stolen KRW 38,906,138 from the Defendant, the Defendant displayed a sight sheet prepared in A4, and thereby damaged the victim’s reputation by openly pointing out the fact that the victim embezzled the construction cost that he received from the Defendant.
B. The lower court determined that according to the evidence of C’s investigative agency and the lower court’s respective statements, etc., the Defendant recognized that the Defendant was aware of the victim’s reputation as stated in the facts charged.
C. 1) The finding of guilt in a criminal trial ought to be based on evidence with probative value, to the extent that there is no reasonable doubt as a judge that the facts charged are true, and if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant’s conviction, it is inevitable to determine it as the benefit of the defendant (see, e.g., Supreme Court Decision 2008Do10096, Jun. 25, 2009). In addition, the public performance, which is the constituent element of the crime of defamation, refers to the state in which many and unspecified persons can be recognized, and even if a fact was distributed to an individual, if there is a possibility that it can be disseminated to an unspecified or many unspecified persons.