A. Fact-finding 1) The victim Samsung C&T related to defamation was using violence by mobilization of service employees during the process of rebuilding and mountain development projects of D apartment units, and the victim E.S. Won also used assault against the Defendants. Thus, it cannot be deemed that the Defendants’ defamation by pointing out false information and thereby impairing the honor of the victims.

In addition, the Defendants did not speak about defamation related to the Yongsan Development Project.

2) There was no interference with the Defendants’ work by generating noise at the same level as the stated in the facts charged and obstructing the victims’ work.

3) The Defendants in violation of the Act used the road within the necessary scope of assembly or demonstration, and it cannot be deemed that the permission of the road management agency should be obtained separately from the report of assembly, and the Defendants merely did not obtain permission from the road management agency as to whether the permission of the road management agency was separately required in addition to the report of assembly. Thus, the Defendants cannot be held liable to commit the violation of the Act against the Defendants.

B. The sentence sentenced by the lower court to the Defendants (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) In full view of the evidence duly adopted and examined by the lower court related to defamation and the following circumstances recognized, the Defendants can sufficiently recognize the fact that the Defendants defamed the victims by pointing out false facts as stated in the lower judgment, and the Defendants’ intent of defamation is sufficiently recognized.

This part of the Defendants’ assertion of facts is without merit.

A) In relation to the victim Samsung C&T, the Defendants were punished for defamation by pointing out false facts, such as “the Defendants mobilized service employees during the process of the reconstruction and use of Samsung C&T’s apartment reconstruction and use of violence.”