The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant’s act of the gist of the grounds for appeal is for the benefit of D and the illegality is excluded in accordance with Article 310 of the Criminal Act.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal principles on the rejection of illegality, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On February 24, 2013, the Defendant injured the victim’s reputation by openly pointing out facts, such as photographing a notice of the result of the disposition of the accusation and accusation that the victim C was subject to a fine of KRW 3 million due to embezzlement in the course of business by using a camera located in his/her cell phone from the infinite-gun, Gyeongcheon-gun (hereinafter referred to as the “Infinite-gun”) and transmitting the photograph files to E, F, G, H, etc., an executive officer of D (hereinafter “the instant association”).

B. The lower court determined that the Defendant and the defense counsel asserted the same grounds for appeal, but the lower court compared and considered the content and nature of the relevant alleged fact, the extent of the other party’s reputation infringement that may be damaged or damaged, etc., and further rejected the instant assertion on the grounds that the Defendant’s act cannot be deemed as solely pertaining to the public interest, in light of the following: (a) the victim’s summary case is not directly related to the board of directors at which the union officers are involved; and (b) the lower court convicted the Defendant

(c)

1) In order for a person to be dismissed and punished pursuant to Article 310 of the Criminal Act by publicly pointing out facts related to the relevant legal principles, the act of impairing the person’s reputation should be objectively viewed as pertaining to the public interest, and an actor should also indicate the facts for the public interest. Here, the term “public interest” refers not only to the public interest of the State, society, and other general public, but also to the public interest.