The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is as follows: (a) in light of the relationship between the Defendant and the victim in this case, the victim’s status, the method of crime and the degree of damage, etc., the court below acquitted the Defendant on the grounds that it is difficult to deem the Defendant’s act to be for public interest

2. On July 30, 2013, from around 14:30 to August 20:30, 2013, the summary of the facts charged, the Defendant installed two banners on the following side of the “E” way operated by the victim D located in Ulsan-gu C, Ulsan-gu, on the ground that the victim’s indecent act is not against the victim’s sexual misconduct and sexual intercourse with his/her employees and customers. The president of E is recognized as a crime. Police will thoroughly investigate sexual indecent act.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

3. The lower court’s judgment provides, “When the act under Article 307(1) of the Criminal Act (the act of openly pointing out a fact) is true and solely for the public interest, it shall not be punished.” Here, “when the act is related to the public interest” refers to the public interest when the alleged facts are objectively objectively seen, and the actor should also indicate the facts subjectively for the public interest.

(See Supreme Court Decision 2003Do2137 Decided April 29, 2005, etc.). The following circumstances acknowledged by the health stand back to the instant case and the evidence duly admitted and investigated by the instant court, namely, defamation expressions in this case were sexually indecent acts committed by the victim operating soup. In light of the fact that the victim, as the main owner of soup bank, committed soup and soup by taking advantage of his status, he is interested in public interest.