The prosecutor's appeal is dismissed.

1. The F’s statement that the Defendant made the same remarks as the entries in the facts charged may be believed to be consistent and credibility, with the summary of the grounds for appeal (misunderstanding of facts).

In addition, the judgment of the court below that acquitted the defendant on the ground that the facts charged in this case were recognized in full view of the evidence submitted by the prosecutor are improper.

2. The lower court, based on each of the circumstances in its holding, proved without reasonable doubt that the evidence alone presented by the prosecutor destroyed the reputation of the victim by making a statement as to the facts charged (hereinafter “the instant statement”) as stated in the facts charged.

It is difficult to see

Based on the judgment, the defendant was acquitted.

In addition, in full view of the following circumstances recognized by the relevant legal principles and the evidence duly adopted and examined by the lower court, the Defendant made the instant speech to F.

Even if the victim made the instant statement, it was sufficiently proven that there was a possibility that the victim could spread the said statement to an unspecified or many unspecified persons, and that the victim could directly submit relevant circumstantial data to the court of the trial at the time of the trial at the time when the victim wanted to do so, because it was clear that the Defendant made the instant statement.

It is difficult to see it.

Therefore, the judgment of the court below with the same conclusion is just and there is no error of mistake as alleged by the prosecutor.

The above assertion is not accepted.

In the crime of defamation, “public performance” refers to a state in which many, unspecified or unspecified persons can be recognized. Thus, even if the facts are distributed to one person individually, if there is a possibility of spreading them to many, unspecified or unspecified persons, the requirements of performance are satisfied, but if there is no possibility of spreading any other matter, the spread of facts to a specific person has no public performance.

The Defendant, while making the instant statement to F, did not clearly indicate that the subject is the victim.