The accused shall disclose the summary of the judgment of innocence.

A. The defendant does not have the same words as the facts constituting the crime in the judgment of the court below.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case, around July 17, 2012, the Defendant damaged the reputation of the victim by openly pointing out false facts by openly pointing out false facts, in the Dental clinic located in the Dong-gu Busan Metropolitan City, notwithstanding the fact that the victim E did not have a friendly relationship with the Defendant. However, the victim’s 80 guests’ life was heard.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. Examining the judgment of the court below in light of the evidence duly admitted and investigated by the court below, the fact that the defendant publicly made the above talk to the victim can be sufficiently recognized.

However, the term "statement of fact" in the crime of defamation refers to a report or statement of facts in a specific past or present, time and space, and the contents of the statement can be proved by evidence, and in distinguishing whether the statement is a fact or an opinion, the ordinary meaning and usage of language, possibility of proof, the context in which the speech in question is used, the social situation in which the expression was made, etc. shall be considered (see Supreme Court Decisions 97Do2956, Mar. 24, 1998; 88Do1397, Mar. 14, 1989). The insult of Article 311 of the Criminal Act is an offense, the social evaluation of human value is an offense, the benefit of which is protected by the external reputation, and the expression in the crime of insult is not a statement of fact but a person's social society.