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The prosecutor's appeal is dismissed.
Reasons
1. In light of the fact that the degree of infringement of the victim’s reputation is not somewhat weak, and that the defendant spreads the victim’s intent to commemorate the victim from the industry and informs the defendant of the fact that he/she is somewhat exaggerated, it cannot be deemed that the defendant has the purpose of slandering the defendant, and that it is an act for the public interest.
Nevertheless, the court below acquitted the defendant, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
2. The lower court found the Defendant not guilty on the ground that the Defendant’s act of sending F’s e-mail to F’s e-mail was for the benefit of public interest and the principal motive and purpose thereof was dismissed by Article 310 of the Criminal Act.
3. Judgment of the court below
A. The Defendant asserts in the trial that, in addition to his claim for public interest and political party act, the Defendant’s act does not have performance or possibility of spreading. We examine this.
B. Public performance in the crime of defamation refers to a state in which many, unspecified or unspecified persons can be recognized. Thus, even if a fact was distributed to one person individually, if there is a possibility of spreading it to many, unspecified or unspecified persons, it shall be deemed that the requirements of public performance are satisfied. However, if there is no possibility to spread it differently, the spread of fact to a specific person is deemed to lack public performance.
(see, e.g., Supreme Court Decisions 83Do891, Feb. 28, 1984; 99Do4579, Feb. 11, 2000; 2010Do7497, Sept. 8, 2011). Meanwhile, in a case where performing a crime of defamation is recognized on the ground of the possibility of radio waves, dolusent intent is required as a subjective element of the constituent elements of the crime, and thus, there is a perception of the possibility of radio waves, as well as an internal intent to deliberate to allow the risk thereof.
(2).