A. The delivery of a letter and a written petition (hereinafter “written petition, etc.”) as stated in the facts of the lower judgment by the Defendant, which is identical to the facts of the lower judgment, was made by the Defendant to show only the addressee. As such, there is no performance, and the Defendant stated that the instant written petition, etc. is “inappropriate relationship” is an expression to resisting that D and E are not for the demand for fair performance of duties as the Director of the Management Office, rather than for the purpose of promoting D and E to distinguish between public duties and private relations.

In addition, the judgment of the court below that found the defendant guilty of the facts charged of this case, even if the illegality is dismissed under Article 310 of the Criminal Act, since the contents stated in the petition, etc. of this case are true facts and for the public interest.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, performance refers to the state in which many and unspecified persons can recognize it, which is the element of the crime of defamation of honor, and, even if one person states a fact individually, if there is a possibility that the public performance can be disseminated to an unspecified or unspecified person, the requirements of performance are satisfied (Supreme Court Decision 2010Do14037 Decided February 28, 2013). B) In light of the following circumstances, the evidence duly adopted and duly examined at the court below and the trial of the party, which can be acknowledged by comprehensively taking into account the following circumstances, the Defendant sent the instant petition, etc. to the two agencies, even if there is a possibility that it may be disseminated to an unspecified or unspecified person, and thus, performance is recognized as being performed. Furthermore, unlike the Defendant’s assertion, the “inappropriate relationship” expressed by the Defendant means “a sound sexual relationship between men and women.”