The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. The scope of the judgment of this court is that the court below rendered a not-guilty verdict on the charge of defamation caused by the statement of false facts among the facts charged in this case against the defendant, and that the defendant appealed only on the guilty part of the judgment below, and the prosecutor did not appeal, and thus, the part of acquittal in the reasoning is also transferred to this court in accordance with the principle of no-appeal in appeal. However, the part of acquittal in the reasoning is not subject to the examination and judgment of this court, and it is not subject to the examination and judgment of this court. Accordingly

2. Summary of grounds for appeal;

A. The lower court found the Defendant guilty by applying Article 307(1) of the Criminal Act, even though the prosecutor charged the Defendant with defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, and did not request the approval of changes in indictment in the original instance.

② Although the Defendant did not have any false awareness and purpose of slandering the Defendant, and only stated facts for the public interest, the lower court convicted the Defendant of the facts charged in the instant case by misapprehending the legal doctrine on the grounds for excluding illegality of defamation.

B. The lower court’s sentence (1.5 million won of a fine) imposed on the Defendant is too unreasonable.

3. Determination

A. Of the facts charged for defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, the facts charged for defamation by publicly alleging false facts are included in the facts charged for defamation under Article 307(1) of the Criminal Act. Thus, in a case where the alleged facts were prosecuted for defamation by publicly alleging such false facts, the court does not prove that the alleged facts were false.