모욕
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal revealed that the Defendant’s abusiveting room insultings the victim by putting the victim’s desire against the victim. In light of the reasons why the Defendant expressed the victim’s desire, the relationship with the Defendant and its counterpart E, the medical room structure, and the circumstances where the victim became aware of it, the Defendant’s desire for the victim is recognized as having the possibility of spreading to an unspecified or many unspecified persons.
Nevertheless, the court below denied the possibility of radio waves and acquitted the defendant on the ground that E is a nurse of a hospital and bears the duty not to divulge information to the victim pursuant to Article 19(1) of the Medical Service Act. The court below erred by misapprehending the legal principles on the possibility of radio waves, which affected the conclusion of the judgment.
2. Determination
A. The term “public performance” in the crime of defamation or insult means a state in which many, unspecified or unspecified persons can be recognized. Thus, if there is a possibility that a certain fact about a certain person might be disseminated to an unspecified or unspecified person, it shall be deemed a lack of performance unless it satisfies the requirements of performance or there is no possibility to spread it otherwise (see Supreme Court Decision 83Do49, Apr. 10, 1984, etc.). 2) In a case where the public performance of the crime of defamation or insult is acknowledged on the grounds of the possibility of radio waves, it is necessary to have an intention as a subjective element of the element of crime, so there is a need for at least dolusence as to the possibility of dissemination, as well as the intent of a review to allow such danger. Whether the actor permitted the possibility of dissemination should be confirmed from the perspective of the offender, taking into account how to evaluate the possibility of dissemination in the general public based on specific circumstances, such as the form of the act and the situation of the act occurring outside.