The defendant shall be innocent.

A. The prosecutor prosecuted the Defendant against defamation by publicly alleging false facts, and the lower court convicted the Defendant of the charges and sentenced a fine of KRW 5 million.

The Defendant appealed against the lower judgment on the grounds of mistake of facts and unreasonable sentencing.

B. The first instance court prior to remand dismissed the Defendant’s appeal, and the Defendant appealed against the judgment of the lower court prior to remand on the grounds of misapprehending the legal principles as to the public performance of defamation.

C. The Supreme Court reversed and remanded the judgment of the court prior to the remanding on the ground that “it is difficult to deem that the Defendant’s speech was likely to spread, or that the Defendant had an intention to recognize the possibility of dissemination and the risk thereof.”

2. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not make a statement to G and H as stated in the instant facts charged, and even if the Defendant made such a statement, performance is not recognized.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

3. Determination

A. The instant facts charged are the wife of the deceased C (Death on October 1, 2013, hereinafter “the deceased”) and the victim D is the deceased’s children.

The defendant is the husband of the deceased's female E.

F, with respect to G, had each claim for the amount of KRW 400 million and KRW 100 million against H. The deceased played a role in managing F’s assets before the death, and after the deceased’s death, the deceased served as the defendant.

1) On November 5, 2013, the Defendant: (a) at the G’s office located in Namyang-si, Namyang-si; (b) referred that “B and D had a big dispute over property issues at the seat of the deceased in the sick room”; and (c) thereby publicly pointing out false facts, thereby impairing the honor of the victims; (b) at the H’s office located in the J in the Sinyang-si, the Defendant, around December 2013, the Defendant got divorced from the deceased.

B. ..