The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해 피고인은 피해자에게 ‘ 내 개에 손을 댔느냐

“In doing so, it is hard to see it with the victim, and there is no fact that the victim made a statement as described in the facts charged, in the form of E and F together, and the performance necessary for the establishment of an offense of defamation cannot be recognized.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is engaged in agriculture and is a person who is between the victim and the neighbor.

On August 27, 2016, the Defendant: (a) in front of Hongcheon-gun, Hongcheon-gun; (b) in spite of the fact that the Defendant died of the Defendant’s opening; and (c) the fact that the victim D died of the Defendant, the Defendant was the victim at the same place where EF was located, the Defendant: (d) “Is the death of the Defendant; and (d) Is the victim who was not good for peace;

The victim’s reputation was damaged by openly pointing out false facts, stating that the person who died only.”

B. In the crime of defamation of reputation, the term “statement of fact” refers to a report or statement of a specific past or present fact, time and space, and in distinguishing whether such report or statement is a fact or an opinion, the determination should take into account the ordinary meaning and usage of the language, the possibility of proof, the context in which the horses in question were used, the context in which the expression was used, and the social situation in which the expression was made (see, e.g., Supreme Court Decision 2012Do2270, Jun. 28, 2012). Moreover, the recognition of guilt in a single criminal trial ought to be based on the evidence with probative value, which may cause a judge to have a conviction that the facts charged are true to the extent that there is no reasonable doubt, and even if such proof is insufficient, there is a suspicion of guilt against the Defendant.