The judgment of the court below is reversed.

The sentencing of a criminal defendant shall be suspended.

1. Summary of grounds for appeal;

A. In other words, the Defendant did not have any intention to impair the reputation of the victim.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts or misapprehension of legal doctrine, namely, the content of the text (the suspension of indictment due to the uncertainty of the victim’s whereabouts may infringe on the victim’s social value or evaluation), the overall context, the circumstances surrounding the Defendant’s writing the same as the facts stated in the lower judgment, and the relationship between the Defendant and the victim, the Defendant’s reputation was damaged by indicating facts as indicated in the lower judgment, and the Defendant’s intent to defame was sufficiently recognized.

Therefore, this part of the defendant's argument is without merit.

B. As to the wrongful assertion of sentencing, the crime of this case was committed by the Defendant on the charge of forging a private document, etc., but the Defendant heard from an investigative agency the statement that the Defendant would be subject to the suspension of prosecution against the victim, and posted the victim’s driver’s license photograph, etc., along with the statement that the Defendant’s license of the victimized person would damage the victim’s reputation, and the nature of the crime is not easy.

However, the defendant is the first offender with no criminal history, and the basic facts are generally recognized, and they are against the fact that he/she acted in good faith.

In the process of filing a criminal suit against a victim, the defendant seems to have caused the crime of this case in a contingent manner by giving an appraisal in mind that he/she would find the victim when his/her whereabouts is unknown, and there are circumstances that may be taken into account the motive and circumstance leading to the crime (the case subject to the monetary issue in which the defendant is accused of the victim is still in a state of suspension of prosecution until now.