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The defendant shall be innocent.
Reasons
1. The gist of the facts charged is that the Defendant was the victim C and was the legal couple, and the Defendant currently is undergoing a divorce lawsuit. Around August 2, 2015, the Defendant damaged the honor of the victim by openly pointing out the fact that the head of the said village E, “I am off women, there was a photograph and dynamic image of her cellular phone, and there was no woman but a woman’s problem.”
2. Determination
A. In the crime of defamation, performance refers to a state in which many, unspecified or unspecified persons can be recognized, and even if a fact is distributed to one person, if there is a possibility of spreading it to many, unspecified or unspecified persons, the requirements of performance are satisfied.
However, if there is no possibility of spreading any other matter, the dissemination of facts to a particular person is a public performance.
I would like to say.
(See Supreme Court Decision 2010Do7497 Decided September 8, 2011, etc.). Meanwhile, in a case where the public performance of defamation is acknowledged on the grounds of the possibility of spreading as above, as a subjective element of the constituent elements of the crime, dolusence is required at least as a subjective element of the constituent element, and thus, there is a need for an internal intent not only to recognize the possibility of spreading, but also to allow the risk. Whether an actor permitted the possibility of spreading ought to be determined on the basis of specific circumstances, such as the form of the act that was externally revealed and the situation of the act, etc., by taking into account how the general public can assess the possibility of spreading
(see, e.g., Supreme Court Decision 2010Do2877, Oct. 28, 2010). B.
In full view of the relationship between the defendant and the victim recognized by the court through legitimate procedures and the circumstances surrounding the defendant's statement, etc., the statements as recorded in the facts charged shall be made to many and unspecified persons, such as the defendant's statements.