B. Recognizing publicity on the grounds that there is a possibility to be propagated corresponds to analogical interpretation which is prohibited by the principle of legality as extensive interpretation unfavorable to the criminal defendant beyond the ordinary acceptation of the text and language. The interpretation of the text and language is the starting point for the interpretation of the statute. Expanding the scope of punishment through analogy beyond the possible meaning of the text and language is not allowed with respect to the construction of criminal laws and ordinances. Thus, the meaning of the text and language ought to have priority when construing criminal laws and ordinances. The Criminal Act of the Republic of Korea has a distinctive characteristic in that it regulates “publicity” and “alleging facts” as basic requirements for criminal defamation (Article 307(1) of the Criminal Act). A person who defames another by publicly alleging false facts shall be punished by heavier statutory punishment than a person who defames another by publicly alleging facts (Article 307(2) of the Criminal Act). As such, the scope in which criminal defamation is constituted is fairly extended – rarely in modern civilized countries – by viewing that criminal defamation can be constituted even if “facts” are revealed as they are, while intimidation through criminal defamation by alleging fact against the freedom of expression is mitigated by limiting the constitution of criminal defamation merely to when the requirements for publicity are satisfied The legislative purpose which regulates publicity as a constituent element of criminal defamation lies in punishing only when facts are revealed “socially” and “publicly” beyond private conversations or conveyance of information among acts of depreciating personal value assessment. Punishing only those cases where facts that may infringe another person’s reputation is disseminated in society can be deemed as a legislative prerogative, which narrows the scope in which criminal defamation may be constituted, thereby performing a function that guarantees the freedom of expression as widely as possible under the Constitution of the Republic of Korea. The term “publicly” lexically means “sufficiently transparent for the whole world to recognize the speaker.” According to Article 307 of the Criminal Act, “publicly,” as a requirement for limiting the modality of an act of alleging facts or false facts, means that an act of committing a crime per se ought to be done so publicly, and it is contextually obvious that an act of committing a crime which is not done publicly is not