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(영문) 부산지방법원 서부지원 2019.02.13 2018고정530
모욕
Text

The defendant shall be innocent.

Reasons

1. On November 16, 2017, from around 14:05 to 14:13 of the same day, the Defendant, the summary of the facts charged, the Defendant, at the outdoor meeting sperm located outside the office operated by the victim C in Gangseo-gu, Busan, for the purpose of returning the deposit for lease on a deposit basis with the victim. While the Defendant’s child and the police officers in the call are heard, the Defendant’s child and the police officers in the call, who are heard, sent back the victim to the same place as the outdoor meeting room. As such, the Defendant’s public insulting the victim by openly insulting the victim at a large interest, such as “The right building for a direct building.”

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. Although a statement of fact about one person is made, 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 differently, it shall be deemed to lack public performance. The same applies to the public performance, which

According to the evidence duly adopted and examined by the court, the defendant can be acknowledged as having expressed the same bath as the written facts charged at the above time and place. However, the defendant's place where the above act was committed is outdoor meeting sperm in the victim's company's fixed meeting room, and the road and bus stops in the fences, but the passage of the general public or bus stops at the time [the passage of the police officer from 13:58 to 14:13, two persons (14:07, 14:10) who have arrived at the above place, two persons (14:10, 14:11) who have stopped, and two to three persons who have stopped the above bus at the time when they stopped or waited for the bus], it is difficult to conclude that the above desire of the defendant was made to the general public.

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