All appeals are dismissed.

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, performance refers to “a state in which many and unspecified persons can recognize” as a constituent element of defamation, and performance is recognized even if a statement of fact was made to a minority individually, even if the other party is likely to spread the facts indicated to an unspecified or many unspecified persons.

In order to recognize the public performance of individual minoritiess on the grounds of the possibility of spreading them to unspecified or many unspecified persons, it is not sufficient to say that there is a high possibility of spreading them, it is necessary to high level of possibility and probability, and it requires strict certification from prosecutors.

In particular, where the other party to a speech is in a position of a public official or similar to a public official who is required to maintain confidentiality or process the other party’s duty, performance is considerably expected to be ensured due to such relation or status, and performance is denied, and there should be special circumstances to deem that performance can be disseminated to many and unspecified persons regardless of such relation or status.

(See Supreme Court en banc Decision 2020Do5813 Decided November 19, 2020). Of the facts charged in the instant case, the lower court recognized that the Defendants and the victims were subject to a disciplinary measure against the Gyeonggi-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do. The issue