The judgment of the court below is reversed.

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Summary of Grounds for Appeal

A. There is no misunderstanding of facts that the Defendant posted each notice to the same effect as written in D’s charges (hereinafter “each notice of this case”) in D’s case.

B. Legal principles 1) Since D, an operator C, deleted all of the comments of this case including the main text of 3 minutes only, each of the instant notices is not a situation where many unspecified people can recognize, and thus there is no performance. 2) The Defendant’s false fact and purpose of slandering is included in the purport that the Defendant would no longer use the Defendant’s credit cards to the victim who does not contact with the Defendant, and each of the instant notices does not constitute false facts, and the Defendant did not have a purpose of slandering the Defendant.

Judgment

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts (see, e.g., Articles 178 and 181 of the Investigation Records), the fact that the Defendant posted each article of this case as stated in D’s facts charged to D C is sufficiently recognized.

Therefore, the defendant's above assertion of mistake is without merit.

B. 1) Determination of the misapprehension of the legal principle as to the assertion of the Defendant’s assertion that D, an operator C, deleted each of the instant comments in 3 minutes, it shall not be deemed that D’s perception of each of the instant comments and that, in light of C’s operational status, multiple people who are accessible to D could have known it. Therefore, this part of the Defendant’s assertion of the misapprehension of the legal principle is without merit. Therefore, the Defendant’s assertion of the misapprehension of the legal principle is based on an expression of opinion, the concept of “statement of fact” in the crime of defamation, the purpose of which is to determine or evaluate, refers to a report or statement of specific past or current facts, and the content of the comments can be proven by evidence.