A. Article 310 of the Criminal Act regarding the denial of illegality does not apply to an act constituting a crime of defamation by a mistake of fact or a statement of false facts, and the Defendant’s assertion that the remarks written in the facts charged are for the public interest is not separately determined.

The defendant did not speak to the purport that "the victim C applied for the budget unrefluenting of the budget," but did not state his/her experience that he/she applied for with the budget unfluenting of the budget, and did not intend to slander the victim.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case by pointing out false facts and impairing the reputation of the victim, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of misunderstanding of facts or misapprehension of legal principles 1) The criminal intent as a subjective constituent element of the crime of defamation of reputation of the relevant legal doctrine is satisfied by recognizing the fact that the perpetrator would cause damage to the reputation of the victim, and does not require that the perpetrator has a purpose of defamation (see Supreme Court Decision 99Do5143, Jun. 9, 200). 2) Specific judgment of the lower court also asserted the same purport as the grounds for appeal.

The lower court found the Defendant guilty of the instant facts charged in full view of the circumstances indicated in its judgment.

In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below's above determination is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

subsection (b) of this section.

The defendant's mistake of facts or misapprehension of legal principles is without merit.