The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor to the summary of the grounds for appeal, even if the facts charged in the instant case are fully convicted, the lower court erred by misapprehending the facts and thereby acquitted the Defendant.

2. Judgment on the grounds for appeal

A. The crime of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) is established as “where a person defames another person by openly disclosing false information through an information and communications network for the purpose of defameing another person.” Here, “public” has the same meaning as “public performance”, i.e., “a state in which an unspecified or many unspecified persons can be recognized,” as referred to in the crime of defamation under the Criminal Act.

In relation to the above requirements for “public performance,” although there was spread of facts on an individual person.

Even if there is a possibility of spreading to an unspecified or unspecified person, the dissemination of facts to a specific person should be determined if it satisfies the requirements of public performance, but there is no possibility of spreading them differently. Meanwhile, there is an awareness of the possibility of dissemination in relation to the intent of performance requirements, and furthermore, there is an intent to deliberate on the possibility of dissemination. Whether the actor permitted 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 that is externally revealed, etc., in consideration of how the possibility of dissemination should be assessed by the general public, the psychological state should be confirmed from the actor (see Supreme Court Decision 2008Do6515, Oct. 23, 2008, etc.). (b) In this case, when comprehensively considering the following circumstances acknowledged by the court below and the evidence adopted by the court below, the Defendant’s act of posting this article on the Internet bulletin board, such as this case’s charges, on the Internet homepage.