A. The Defendant provided the same dialogue against only four specific minorities as the facts charged, and they promised to keep the contents of the conversation confidential, and thus, the performance was not recognized, or the possibility of spreading the above dialogue was not recognized.

B. Although the Defendant puts the same article as the facts charged, the evidence presented by the prosecutor alone is insufficient to prove that its content is false.

In particular, since there was a question that the victim had worked in the drinking house, it is true that the question was written does not constitute false facts, but it was done in an answer to the other party's question, so there is no intention of defamation.

(c)

The purpose of this article is that a victimized person performs a sex surgery is not a fact that may undermine social values or evaluations, and thus does not constitute defamation.

(d)

The punishment of the lower court (one million won in penalty) is too unreasonable for sentencing.

2. Determination

A. Performance refers to the state in which many, unspecified or unspecified persons can recognize the existence of the crime of defamation of reputation as to the assertion of performance. Although one person indicates the fact, if there is possibility of spreading it to many, unspecified or unspecified persons, the performance requirement is satisfied. If the public performance of the crime of defamation is acknowledged on the ground of the possibility of dissemination as a subjective element of crime element, it is necessary at least dolusent intent as to the possibility of dissemination, and furthermore, there is a perception of the possibility of dissemination, as well as an internal intent to allow the risk. Whether the actor allowed the possibility of dissemination should be determined on the basis of specific circumstances, such as the form of the act that is externally revealed and the situation of the act, etc., the psychological state from the perspective of the actor is considered.