The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case on the ground that performance cannot be recognized even though the statement about the victim made by the defendant to C is likely to spread, there is an error of misconception of facts and misapprehension of legal principles.

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, the spread of facts to a specific person is not a performance.

Whether the likelihood of radio waves exists or not shall be determined objectively in a specific case in full view of various circumstances, such as the details of the statement to be made, the situation at the time of the statement, the offender’s intent and 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 reputation

(See Supreme Court Decision 2016Do21547 Decided January 30, 2020, etc.). B.

In light of the adopted evidence, the court below acknowledged that the defendant made a statement to C to the effect that he defames the victim by pointing out false facts as shown in the facts charged in this case, but C, as a superior of the defendant and the victim, stated that he did not want to hear any private talks other than his duties whenever he hears such private talks as described in the facts charged, and that there was a fact that C, the victim was close to C, and C, the victim was likely to have damaged the victim's reputation by the defendant's statement.