A. The defendant is merely a misunderstanding of facts or a misunderstanding of legal principles without the victims' purpose of defamation or bad faith, and the defendant made a statement identical to the facts charged in this case (hereinafter referred to as "the statement in this case") for the promotion of the image of a child-care center. In addition, this is related to the public interest, and thus the defendant's act is not illegal. Thus, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the legal principles as to the

B. In light of all the circumstances, including the background and motive of the instant statement of unreasonable sentencing, the sentence imposed by the lower court (hereinafter referred to as a fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of misunderstanding of facts or misunderstanding of legal principles as to the assertion of defamation is required to establish the crime of defamation with an intentional act that damages another person’s reputation as a subjective element and make a statement of specific facts sufficient to undermine the people’s social evaluation. Whether a certain expression is defamation or not shall be determined by objective evaluation in accordance with the social norms regarding such expression, and the value-oriented expression was used.

Even if social norms, if it is judged that the social evaluation of a specific person has deteriorated, the crime of defamation is established.

(See Supreme Court Decision 2010Do2877 Decided October 28, 2010, etc.). (b) the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant generated only the teachers who participated in the labor union after the completion of the Child-Care Center’s meetings on the day of the instant case, and 12 persons, including the victims, including the teachers of the labor union members, are “one of the students who are the children of the child-care center, which is the children of the child-care center.”