The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the ground that the public performance of the offense of insult in this case is not possible even if the public performance of the offense of insult in this case is recognized.

2. In the crime of insult, the public performance refers to the state in which many, unspecified or unspecified persons can be recognized. Thus, even if a fact was distributed to one person individually, if there is a possibility of spreading it to many, unspecified or unspecified persons, the requirement of public performance is satisfied. However, as a subjective element of the constituent element of the crime, a subjective element of the constituent element of the crime requires dolusent intent at least, and thus, there is a perception of the possibility of dissemination

The court below held that, (i) the Kakao Stockholm from which the Defendant sent the instant message could not easily see the content of the conversation because it was opened to divide private stories, etc. before a long time by E, F, and the Defendant, a pro-friendly friendly friendly son, and (ii) the message of this case does not seem to have any other private meeting known by F or E with the victim, and it seems that F or E did not have any possibility of spreading the instant message to a third party; and (iii) in light of the content of the instant message, it does not appear that E and F could not have any possibility of mentioning it in light of the content of the message of this case; (iv) it does not appear in the circumstances where E and F sent the instant message to a third party; (v) however, women-child friendly her current mobile phone password was cancelled, and the instant conversation was sent to a third party with the content of the instant message including the instant message, and then the content of the conversation became a sexual relationship with other women and women.

In full view of the fact that the victim became aware of the message of this case, the evidence submitted by the prosecutor alone, recognizing the possibility of dissemination, and allowing the possibility of dissemination, is in the Kakao Stockholming room.