1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The grounds for the court’s explanation concerning the instant case are as follows: the Defendant’s assertion emphasized or added by this court;

2. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for addition of additional determination, and such determination is cited in accordance with the main sentence

2. The Defendant asserts that even if the Defendant’s phone call to F and sent the answer, the content of the call is unlikely to spread to a third party, and thus, it did not constitute defamation against the Plaintiff.

Public performance in defamation refers to the state in which many and unspecified persons can be recognized, and even if one person spreads facts, if there is a possibility of spreading to an unspecified or many unspecified persons, performance is satisfied (see, e.g., Supreme Court Decisions 83Do891, Feb. 28, 1984; 99Do4579, Feb. 11, 2000). In light of the above legal principles, the following circumstances acknowledged by considering the health stand in the instant case and the overall purport of the arguments in the evidence as a whole, i.e., the Defendant’s phone call to F to the effect that he was sent a written question, and the Defendant already took the same contents as the instant speech to other persons, and the Defendant had the possibility of spreading the instant speech to many and unspecified persons.

The defendant's above assertion is not accepted.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.