The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (guilty part of the original judgment)

A. Of the various contents of the instant printed matter, the instant printed matter is merely inconsistent with the fact, and extremely apparent parts are not consistent with the substantial truth, and cannot be deemed as false as a whole. In light of the composition method, such as citing the media news as an official printed matter listed on North Korea, the Defendant could not be recognized as false.

B. The Defendant’s act constitutes grounds for excluding the illegality of the crime of defamation, since the Defendant’s act was solely for the public interest with respect to the agreement and the development of the State, and the purpose was solely for the public interest, and there was considerable reason to believe the content of the printed matter

(c)

The sentence of the lower court (or four months of imprisonment, one year of suspended execution, one year of community service, 80 hours) is too unreasonable.

2. Determination

A. In determining whether the facts alleged in the crime of defamation by publicly alleging false facts and false facts under Article 307(2) of the Criminal Act are false, if the contents differ from the truth or are somewhat exaggerated in light of the overall purport of the publicly alleged facts, it cannot be deemed as false, unless the important part is consistent with objective facts.

B. Whether an actor knows that the matter was false or not should be determined in full view of various objective circumstances such as the Defendant’s educational background, career, social status, details of publication, time of publication, and anticipated ripple effect, based on the contents of the published fact, the existence and content of the materials, the source and awareness of the fact expressed by the Defendant, etc. In addition, the intent of the crime is not only conclusive intention, but also perception of the occurrence of the result.