the precedents of the Supreme Court regarding publicity of criminal defamation regardless of whether the revealed facts are false or correspond to defamation under the Special Act. D. Legal doctrine and validity of the Supreme Court precedents The theory of propagation possibility regarding publicity, which has been developed by the Supreme Court over a long duration, is even now still reasonable in light of legal and practical aspects, and thus ought to be maintained. The grounds that Supreme Court precedents ought to be maintained will be clarified according thereto by examining the detailed contents and standards of the theory of propagation possibility which the Supreme Court precedents have been developed infra. The opinion criticizing the theory of propagation possibility argues that it has no objective standard for determining whether there exists propagation possibility, and thus one’s own intent may be involved in specific application and is thus contrary to the principle of liability in that heavy responsibility is recognized as being on a person who has committed an act on the sole basis of the result thereof. The contents and basis of such criticism per se are inappropriate, but some parts sufficient to warrant sympathy exist in relation to the purpose that expanding the scope of punishment must be taken with care. The Supreme Court precedents and trial affairs have strictly recognized publicity by applying the theory of propagation possibility on the premise that awareness of propagation possibility is required, categorizing the standards for determining on a case-by-case basis, including establishing specific and objective criteria for applying the theory of propagation possibility and strictly determining the criminal intent of the criminal defendant or denying the propagation possibility depending on the relationship between the other party of the facts alleged and the criminal defendant or the victim, considering that the freedom of expression can be discouraged as the requirements for publicity become meaningless and punishment is expanded where the theory of propagation possibility is applied without restriction. The rationale is as follows. 1) Legal doctrine of Supreme Court precedents A) Propagation possibility and proof of awareness, etc. (1) Strict burden of proof on the part of the prosecutor