The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is difficult to view that there was a public performance, since there was only two police officers and the defendant's motion at the scene at the time when a mistake of facts accused expressed a desire.

Nevertheless, the court below found the defendant guilty of the facts charged of this case, and there is an error of law of mistake.

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing a crime as a mentally disabled person with a mental disability of Grade III.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The public performance, which is the constituent element of the crime of defamation against a mistake of fact, refers to the state in which an unspecified or many unspecified persons can recognize the existence of the crime of defamation. Even if one person expresses a fact to one person, if there is a possibility of spreading it to an unspecified or unspecified person, the requirement of public performance is satisfied (see, e.g., Supreme Court Decision 2004Do340, Apr. 9, 2004). The same applies

In light of the above legal principles, two police officers and two police officers dispatched to the scene at the time when the defendant sawd the victim slope E, but the above people merely are merely the defendant and thus cannot be denied the possibility of spreading the above two persons.

Therefore, this part of the argument is not accepted.

B. As to the claim of mental disability, the defendant was diagnosed as a mentally disabled person 3 and was under the influence of alcohol at the time of committing the crime, but in light of the defendant's behavior before and after committing the instant crime, circumstances after committing the crime, etc., it is not deemed that the defendant lacks the ability to discern things or make decisions due to the above reasons at the time of committing the instant crime.

The defendant's argument of mental disability is without merit.

C. On the assertion of unreasonable sentencing, the trial-oriented principle and trial-orientedness are applied.