The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is that the defendant alleged against the victim E who introduced the victim D in light of the friendship relationship between the defendant and the apartment security guard, the apartment resident, and the defendant, and the apartment security guard, etc., (the defendant is not allowed to do so any longer because chchine is small and the water is known) is not likely to spread to others through E, or it is difficult to recognize the crime about the possibility of radio waves, and it is difficult to find the defendant guilty of the facts charged of the defamation of this case against the defendant.

Even if there is sufficient possibility to spread to others through E, and even if dolusent intent of defamation is recognized, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby acquitted the Defendant.

2. Determination

A. In the crime of defamation, performance refers to a state in which many, unspecified or unspecified persons can be recognized, and even if a fact is distributed to one person, if there is a possibility of spreading it to many, unspecified or unspecified persons, the requirements of performance are satisfied.

However, if there is no possibility of spreading any other matter, the dissemination of facts to a particular person is a public performance.

I would like to say.

(See Supreme Court Decision 99Do4579 delivered on February 11, 200, and Supreme Court Decision 98Do1949 delivered on September 8, 1998). Meanwhile, the above is deemed to have been established.