The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) did not “restatement of facts,” which is a constituent element of defamation, merely expressed opinions, and did not have the intention of defamation or public performance.

B. The illegality of the defendant's act is excluded as a justifiable act that does not go against social norms.

Nevertheless, as the court below found the Defendant guilty of the facts charged in this case, the court below erred by misunderstanding the facts and misunderstanding the legal principles.

2. The performance, which is a constituent element of the crime of defamation of reputation, refers to the state in which many and unspecified persons can recognize it, and even if a fact is indicated for one person, if there is a possibility to spread it to an unspecified or unspecified person, the performance requirement shall be satisfied

Meanwhile, in cases where the public recognizes the public nature of the crime of defamation on the ground of the possibility of dissemination as above, dolusent intent is required as a subjective element of the elements of crime. As such, not only there is awareness of the possibility of dissemination, but also there is an internal intent to allow the risk. Whether the actor allowed the possibility of dissemination should be determined based on the specific circumstances, such as the form of the act and the situation of the act committed outside the country, etc., and it should be confirmed from the offender’s standpoint (see, e.g., Supreme Court Decisions 2004Do340, Apr. 9, 2004; 2008Do6515, Oct. 23, 2008). The Defendant asserted to the same effect as the grounds for appeal in the court below. As to this, even if it is an expression of opinion, if the Defendant expresses a specific fact directly on the premise, the crime of defamation by the fact is established, and the appeal or appeal is likely to undermine social value or assessment of the victim’s disease.