Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

A. Since the facts alleged by the Defendant are about the public interest, the Defendant’s act is not unlawful in accordance with Article 310 of the Criminal Act.

Nevertheless, the lower court found the Defendant guilty of the facts charged. In so doing, it did not err by misapprehending the facts or by misapprehending the legal doctrine.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. On October 5, 2015, the ex officio judgment prosecutor posted a written complaint to the effect that “the victim instigated a criminal act, such as illegal solicitation and embezzlement,” and around December 20, 2015, he/she applied for changes in the indictment to the effect that “ around December 20, 2015, the victim instigated to cause enormous damage to residents and illegally constitutes the same representative,” and the subject of the judgment was changed by this court.

Therefore, the judgment of the court below is no longer maintained.

Nevertheless, the defendant's assertion of misunderstanding the facts or misunderstanding the legal principles is still subject to the judgment of this court, and this is examined below.

3. Judgment on the grounds for appeal

A. Article 310 of the Criminal Act does not punish “If the act under Article 307(1) is true and solely for the public interest.”

“As it prescribes, the reputation of a person was damaged by publicly alleging facts.”

Even if the facts are related to the public interest and the facts are stated for the public interest, if it is proved that the facts are true, the illegality is excluded, and the acts are not punished, and only the "Article 310 of the Criminal Code" is related to the public interest.