The defendant's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of facts or misapprehension of legal principles) ① The person who sent the instant text message is G, H, and I, and G was already aware of the fact that the injured party was punished as a crime of adultery by the victim’s friendship with the victim F, and H is a person who was in an internal relationship with the Defendant and the injured party to resolve the problem of the Defendant and the injured party. Since H is a person who was in an internal relationship with the victim and the victim’s wife, H is in a state of H, public performance is not recognized since there is no possibility of transmitting the issue to the unspecified or many unspecified persons. ② The time when sending the text message of this case was sent to the children, as well as the time when the children who were unaware of the circumstances intended to take a leave in the military, and thus, the intention of defamation was not intentional. ③ Even if so, there was no intention of defamation.

Even if the act is legitimate, it constitutes legitimate act.

2. Determination

A. The performance refers to a state in which an unspecified person or a large number of people can be recognized as an element for the crime of defamation of reputation regarding performance. Thus, performance is recognized as long as a certain fact was publicly known to a certain person, so long as there is a possibility for external dissemination by that person (see, e.g., Supreme Court Decisions 90Do1167, Jul. 24, 1990; 2007Do8155, Feb. 14, 2008). (B) Furthermore, even if a person has already been aware of the fact that the person had already made a statement in the statement, it cannot be said that there is no possibility of dissemination (see Supreme Court Decision 92Do455, Mar. 23, 1993). The following circumstances acknowledged by the evidence duly adopted by the court below and investigated by the victim.

Even if H’s wife is a wife, it cannot be readily concluded that the Defendant’s wife and the relationship are identical. From the standpoint of I, the victim is an illegal person who is the husband of H from the standpoint of I, and the circumstances are not clear, but in fact K receives the instant text message from the recipient.