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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual errors and the misapprehension of legal principles) is reasonable to deem that the statement identical to the statement of the facts charged in this case (hereinafter “the statement of this case”) made by the defendant to the husband, his father, his father, his father, and the father-gu E of the victim could spread to many and unspecified persons, and thus, the court below acquitted the Defendant of the facts charged in this case by misapprehending the legal principles, thereby adversely affecting the conclusion of
2. Determination
A. The public performance, which is a constituent element of defamation, refers to a state in which many, unspecified or unspecified persons can recognize it.
Since it does not necessarily have to be recognized at the same time by many and unspecified persons, if there is a possibility to spread to many and unspecified persons even though one has distributed facts individually, it satisfies the requirements of performance.
However, if there is no possibility to spread differently, there is no possibility to spread facts to a particular person.
(see, i.e., Supreme Court Decisions 99Do5622, May 16, 200; 2010Do7497, Sept. 8, 2011). Whether there exists a possibility of radio waves ought to be objectively determined in a specific case by taking into account various circumstances, such as the details of the statement made and the situation at the time of the statement, the offender’s intent and the attitude at the time of the statement, the other party’s attitude, the relationship between the offender, the victim, and the other party, the details of the statement, and the other party’s ordinary inclination.
(See Supreme Court Decision 2016Do21547 Decided January 30, 2020). B.
In full view of the following circumstances admitted by the evidence duly admitted and examined, the lower court: (a) it is difficult to view the Defendant’s statement of this case only with the evidence submitted by the prosecutor to have a performance; and (b) there is no other evidence to acknowledge this; and (c) the instant facts charged constitute