The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (legal scenarios) is that the waiting room for the C Passenger Transport Articles posted the documents concerning the victim does not substantially control access and thus the access of the general public is restricted. According to the radio wave potential theory, performance is recognized in the instant crime. The documents posted by the Defendant were attached mainly to collect materials favorable to the federation in the lawsuit between the Korean Federation of Bus Transport Business Associations (hereinafter “Federation”) and the victim, and thus, it is not for the public interest. Thus, the Defendant should be found guilty of the instant crime committed by the Defendant. However, the lower court erred by misapprehending the legal doctrine on defamation.

2. The facts charged in this case and the judgment of the court below

A. The Defendant was dissatisfied with the victim in the process of demanding damages against C Passenger Transport on the ground that he was on the part of the manager of C Passenger Transport, and that C Passenger Transport was on board the bus belonging to C Passenger Transport around 2011, and the victim D was on board the bus, but was on the part of driver’s negligence.

On February 9, 2012, the Defendant posted a poster with a victim’s photograph attached to the waiting wall of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Seoul Metropolitan City Seoul Metropolitan City Seoul Metropolitan Passenger Transport Articles, and did not verify the fact that the victim requested medical expenses against bus companies, etc. habitually, the Defendant refers to the victim, stating that “this passenger had gone within the train, and habitually demanded medical expenses or insurance receipt,” and thereby, damaged the reputation of the victim by openly pointing out false facts.

B. The lower court determined that ① the above poster posted by the Defendant (hereinafter “documents of this case”) is mainly in charge of handling the accidents of C passenger transport.