The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The purpose of slandering the sending of text messages as stated in the facts constituting a crime in the judgment below was not to mislead the facts and to promote the public interest.

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

2. Determination

A. The summary of the facts charged is that the Defendant is the chairman of the “D Co., Ltd. trade union” in the D Co., Ltd., a collaborative company in C, and the victim E is the chairman of the “C Co., Ltd. trade union” in D Co.

On February 13, 2017, the Defendant sent the text message to approximately 100 members of the D Co., Ltd.’s labor union, a member of which he belongs, referred to as “a person who leaves from the private manager and the Japanese travel.” and slandered the victim in a relationship that is inappropriate for the victim to the above executives of the company, and thus, slandered him at the position of the chairman of the labor union.

Accordingly, the defendant has damaged the reputation of the victim by openly duplicating facts through information and communication networks with a view to slandering the victim.

B. Determination as to the assertion of misunderstanding of facts and legal principles 1) The term “purposes to defame a person” under Article 70 subparag. 1 and 2 of the relevant legal doctrine requires the intention or purpose of a perpetrator. Whether a person is purposely to defame a person ought to be determined by comparing and balancing the degree of infringement of honor that may be damaged or damaged by the expression, taking into account all the circumstances, such as the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, and the method of expression, etc.

In addition, since the purpose of slandering is contrary to one another in the direction of subjective intention of the actor, the purpose is to slander, unless there are special circumstances, if the alleged facts are related to the public interest.