The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant posted the same article as the facts charged, but the content is not false, but true, and even if false, there was no awareness of the defendant's false facts, and the defendant's act was committed in the public interest intent to inform the apartment residents of the victims of the criminal acts or improper acts.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

2. Determination

A. In determining whether the facts alleged in the crime of defamation by publicly alleging false facts and the purpose of defamation are false, if the contents differ from the truth or are merely a somewhat exaggerated expression in light of the overall purport of the alleged facts, it shall not be deemed as false, but if the important part is not consistent with objective facts, it shall be deemed as false.

(1) In order to determine whether a person who committed a crime committed a crime committed a false act is aware of a false act, it is difficult to ascertain or prove the fact externally due to its nature. Furthermore, the crime of defamation by a false act is established by an incomplete intentional act, as well as a final intentional act, based on the contents of the fact publicly announced, the existence and content of the materials, the source and awareness of the fact revealed by the Defendant, etc. (see, e.g., Supreme Court Decision 2005Do2627, Jul. 22, 2005).

Supreme Court Decision 200 delivered on February 2004