The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the Defendant’s remarks (hereinafter “each of the instant remarks”) twice more to the effect that “C has replaced his/her own ship and the Defendant’s ship” (hereinafter “each of the instant remarks”) were false, and the Defendant’s remarks made each of the instant remarks twice in the morning and P.M. on the day of the instant case constitutes a crime, and thus, it is also recognized as “public performance”

Therefore, defamation is recognized against the defendant.

2. Based on the circumstances indicated in its reasoning, the lower court determined that the Defendant was innocent, on the grounds that the evidence submitted by the prosecutor alone was insufficient to recognize that the instant remarks were false or that the Defendant recognized the falsity, and that the “public performance” is recognized, and it is difficult to view that the Defendant’s speaking in the instant case was unlawful beyond the scope of a justifiable act.

A thorough examination of the reasoning of the lower judgment’s acquittal and the evidence of this case, and further examination of the following reasons is insufficient to recognize that the Defendant made a false statement on November 7, 2014 and the evidence submitted by the prosecutor alone, or that the Defendant made a patent speech of this case on the part of defamation, and there is no other evidence to acknowledge otherwise.

Therefore, the judgment below is just, and the prosecutor's assertion is without merit.

① Public performance, which is the constituent element of the crime of defamation, refers to a state in which many, unspecified or unspecified persons can be recognized. Even if a fact was disseminated individually to one person, if there is a possibility of spreading it to many, unspecified or unspecified persons, the distribution of facts to a specific person may lead to a public performance, unless it satisfies the requirements of public performance.

If the public performance of defamation is recognized on the ground of the possibility of spreading it, at least.