A. All contents of the article written by the Defendant by misunderstanding of facts and legal principles are not false, but the Defendant believed that the content of the article was true at the time, and there was considerable reason to believe that it was true, and also prepared the article for the public interest, and therefore there was no purpose to slander the victim, and thus, each crime against the Defendant is not established in the judgment of the court below.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal doctrine on the assertion of mistake of facts and misapprehension of the legal doctrine

It should be determined in light of the fact that the actor is able to confirm whether the specific facts alleged by the actor are true, and that it is possible in terms of social norms physically and physically.

Recognizing that the lower court did not make any efforts to confirm, but actively carried out the purpose of slandering the article with the purpose of revealing the fact, it can be recognized as the willful negligence of the crime (see Supreme Court Decision 2005Do1446, Aug. 23, 2007, etc.). 2) In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court in light of such legal doctrine, even if there were actual information related to the article of this case.

Even if the defendant's information is true, he shall make efforts to confirm the level of information required in light of social norms.