The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles 1) At the time of the instant case, the Defendant took the same speech as indicated in the facts charged (hereinafter “instant speech”) at the extraordinary general meeting of the D public clan where limited members of the clan attended, and the performance is not recognized.

2) The Defendant did not have publicly known false facts that defame the victim, and there was no criminal intent to defame the Defendant.

3) The Defendant’s act of speaking in this case constitutes a ground for excluding illegality under Article 310 of the Criminal Act or a justifiable act under Article 20 of the Criminal Act, and thus, the illegality should be avoided.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. According to the judgment of the court below and the evidence duly admitted by the trial court, the defendant at the time of the instant case acknowledged the fact that 42 members of the clan were present at the special meeting of the D public clan.

In light of the above circumstances of the Defendant’s statement, it can be recognized that the Defendant’s above statement was in a state where an unspecified or many people can fully recognize it.

B. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted by the first instance court as to whether the Defendant committed a false statement of facts and defamation, the Defendant’s assertion of this case constitutes a crime of defamation and defamation may sufficiently recognize the Defendant’s criminal intent by pointing out false facts.

1) Although the Defendant alleged that the victim who was a clan did not normally pay the transfer income tax in connection with the sale and purchase of the clan land, there is a receipt certificate (for the tax payer) in which KRW 169,060,230 of the transfer income tax has been paid once on October 28, 1993 and December 13, 1993, and there is a receipt certificate (for the tax payer) and the receipt certificate is stamped with the receipt stamp of the O bank.