The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of legal principles) held that the act of the Defendant’s sending to E a copy of the notice containing the facts of accusation against the victim C, along with e-mail, and thereby impairing the honor of the victim is a justifiable act that does not violate social norms and is not unlawful. The court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged is as follows: (a) around September 3, 2013, the victim C entered the Defendant’s house without permission; (b) brought about US$s and walletss containing credit cards, etc.; (c) around September 4, 2013; (d) put the Defendant’s house into a knife, put the Defendant into a knife; and (e) inflict an injury on the Defendant.

On September 9, 2013, the Defendant sent an e-mail accompanied by a copy of the written notification (hereinafter referred to as “instant notification”) stating that “C filed a complaint against the police on suspicion of intimidation, attack, theft, etc.” (hereinafter referred to as “the instant notification”) at his own house of Eunpyeong-gu Seoul Metropolitan Government 106 Dong 402, and that “The Defendant sent the e-mail accompanied by the file to E on September 12, 2013 because it is difficult for the complainant (the instant Defendant) to cope with physical and mental damage caused by the instant case, and the Defendant Nonparty (the instant victim) used the e-mail file to be stolen, illegal intrusion, and illegal occupancy, attack, threat, injury, murder, and murder to be suspected, and thoroughly investigated into the victim’s attempted murder, and thereby disrupt the time of severe punishment” (hereinafter referred to as “the instant report”).

B. (1) The performance, which is the element of the crime of defamation, refers to the state in which many and unspecified persons can recognize it, and the public performance was spreaded to one person individually.

Even if there is a possibility that it will be disseminated to many and unspecified persons, it shall meet the requirements of performance, but if there is no possibility that it will be disseminated against others.