The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (the factual errors and misapprehension of legal principles) and the relationship between the defendant, C, and the victim, etc., the credibility of the C’s statement is not high, the defendant did not request C not to transfer his statement to C, and the G and H’s statement, which are the parties to the dispute settlement agreement, correspond to the facts charged in this case, it is determined that the defendant has damaged the victim’s reputation by openly pointing out false facts.

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts or misapprehension of legal principles.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The lower court found the Defendant not guilty of the facts charged of the instant case on the ground that it is difficult to deem that the evidence submitted by the prosecutor alone by publicly alleging the fact that the Defendant had an intentional intent to impair the reputation of the victim.

B. 1) The public performance, which is the constituent element of the crime of defamation, refers to a state in which an unspecified person or a large number of people can be recognized. Although one person explicitly expresses a fact, if it is likely to spread to an unspecified person or a large number of people, it satisfies the requirements of public performance. However, in a case where such talks about a fact that is likely to fall the social value or evaluation of the person himself/herself in a way that allows him/her to hear, such as Soviet, he/she cannot be deemed to have a possibility of spreading to an unspecified or a large number of people, and such conclusion does not affect the conclusion of the crime of defamation even if the person voluntarily spreads a speech to another person (see, e.g., Supreme Court Decision 2004Do2880, Dec. 9, 2005). Also, the defendant's evidence is collected and secured in advance so that the defendant may file a complaint against defamation.