The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant posted a printed article and a leaflet as described in the facts charged, this does not constitute a case where a false fact was indicated, even if it was false, the Defendant believed such content as true, and there was a reasonable reason to believe it.

B. On the other hand, the defendant's above act is for the public interest and thus illegal as a legitimate act is excluded.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. In determining whether the facts alleged in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false, if the contents differ from the truth or are merely those of a somewhat exaggerated expression in light of the overall purport of the alleged facts, it cannot be viewed as false, but if the important part is not consistent with objective facts, it should be viewed as false.

(1) In order to determine whether a person who committed a crime committed a crime committed a false act is aware of a false act, it is difficult to ascertain or prove the fact externally due to its nature. Furthermore, the crime of defamation by a false act is established by an incomplete intentional act, as well as a final intentional act, based on the contents of the fact publicly announced, the existence and content of the materials, the source and awareness of the fact revealed by the Defendant, etc. (see, e.g., Supreme Court Decision 2005Do2627, Jul. 22, 2005).

Supreme Court Decision 9Do5190 delivered on February 26, 2004