The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the Defendant not guilty of the part concerning defamation among the facts charged in this case, although the Defendant’s expression that defames E/H the victim F’s reputation was merely based on the purpose of slandering the victim’s influence in the church, but does not aim at the public interest. In so doing, the court below erred by misapprehending the legal principles on the determination of not guilty.

B. The sentence of a fine of KRW 300,000,000 imposed by the lower court is too unjustifiable and unjust.

2. Determination

A. 1) Determination of misapprehension of the legal principle as to the assertion that an act of impairing a person by openly pointing out a fact should be based on Article 310 of the Criminal Act with respect to the public interest when objectively viewed the alleged fact, and an actor also stated the fact for the public interest. Here, the term "public interest" includes not only the public interest of the State, society, and other general public, but also a specific social group or the entire members. Whether it is related to the public interest or not shall be determined by comparing and considering the various circumstances concerning the expression itself, such as the contents and nature of the alleged fact itself, the scope of the other party to whom the fact was published, the method of expression, etc., and the degree of infringement of honor that may be damaged or damaged by the expression, and even if the main purpose of the actor expressing the fact was for the public interest, the application of Article 310 of the Criminal Act may not be ruled out (see, e.g., Supreme Court Decisions 97Do888, Apr. 11, 1997; 196Do274, etc.).