A. misunderstanding of facts and misunderstanding of legal principles, the Defendant convicted the Defendant, despite the fact that the victim had already carried the so-called so-called red language in K or J's act of informing the D Foundation that had been well operated with the intent of the mother's organization of wrong facts, solely for the public interest, was sent the same writing as the facts charged, for the public interest. However, the lower court erred by misapprehending of facts and misunderstanding of legal principles that affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts and misapprehension of legal principles. The evidence duly adopted and examined by the court below and the following circumstances recognized by the court below, namely, ① the victim was engaged in the activities in K and J. However, the above organization does not seem to have committed criminal acts, etc. in the degree of the month of the so-called “Y”, ② the defendant did not point out specifically the organization the victim received, ② there is no objective circumstance to deem that the victim was engaged in the activity of informing the D Foundation of the actual state of the D Foundation with the intent of other organization, ③ the contents, phrases and expressions sent by the defendant by e-mail, ③ the relationship between the defendant and the victim, the motive and circumstances leading up to sending the writing, and the scope of the sender, the defendant can sufficiently recognize the fact that the defendant disclosed false facts openly through the information and communications network for the purpose of slandering the victim, as described in the facts charged, and solely on the basis that the defendant sent this case to the public interest, the above argument by the above defendant is without merit.

B. We examine the judgment on the assertion of unfair sentencing, and the defendant sent this case to the defendant.