A. The Defendant was engaged in an act as stated in the facts charged for the public interest, and there was no intention to defame the victim.

B. The lower court’s sentence (two million won of fine) imposed by the lower court is excessively unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. In full view of the following circumstances, the lower court determined that the purpose of slandering the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) was recognized, and that each defamation was not recognized under Article 310 of the Criminal Act.

(1) The act of defamation of each crime as indicated in the judgment is that the Defendant sent the DNA text message (hereinafter “instant text message”) which the Defendant kept in the cell phone to the female president and the members of the apartment family program, and distributed or posted the printed data and the leaflet.

However, the instant text message is part of the D dialogue between the Defendant and the victim, and the victim expressed his opinion on the other party to the instant dispute (the text message is referred to as “part”) while dialogueing on the Defendant’s proposal that the text message would be written to H in connection with the internal dispute between the Plaintiff and the victim in Seocheon-gu, Seocheon-gu B apartment.

However, the Defendant committed each crime by cutting down only the text messages of this case among the above dialogues.

The date on which the text message of this case was sent was March 19, 2018. At the time, the Defendant and the victim discussed the response methods in relation to the internal dispute of the Bupyeong-gu Incheon Metropolitan Government B apartment, and exchanged a dead dialogue.

However, there have been conflicts due to the operation of the family council and the construction of the apartment house, and the defendant has committed each crime since May 31, 2018.