명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal - misunderstanding of facts and misapprehension of legal principles are recognized to have used the expressions as stated in the judgment of the court below. However, such expressions are merely expressed as they expressed in the opinion that the victim did not file an application for voluntary retirement even after one year has passed since conditional promotion on condition of voluntary retirement, and since the victim actually received excess work allowances without a legitimate job assignment even if it is a statement of fact, the court below found the victim guilty on the ground that it does not constitute a statement of false fact, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. Specific facts, which are the elements for the crime of defamation, refer to the expression of mental activities, such as the expression of a specific person's past or present specific case or condition, which can be proved by evidence, in accordance with the meaning of generally accepted expression, to the extent that it can be realized and proven by the office's action when understanding it in accordance with the meaning of generally accepted. It refers to the expression of a specific person's past or present specific case or condition, which is a value judgment, which is simply distinguishable from facts, and has an awareness or opinion with respect to facts or persons, evaluation, decision, or attitude (see, e.g., Supreme Court Decisions 96Do2910, Apr. 25, 1997; 9Do1992, Sept. 22, 1998; 9Do4260, Apr. 25, 200; 99Do5190, Feb. 26, 2004).