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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the situation of the C church at the time of the instant case, the general perception of the members, and the general perception of the Defendant, the Defendant’s alleged facts are merely that “the victims and E illegally left their church deposits under their management authority,” and that they did not change the name of the church deposits to E, nor did they withdraw the church deposits, which does not constitute false facts, and notified the fact that it is true for the public interest by notifying the situation in which it is impossible to use the church deposits and thereby preventing the division of the church, and thus, the illegality is excluded in accordance with Article 310 of the Criminal Act.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. Determination on the assertion of mistake of fact 1) 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 facts alleged in the crime of defamation by a statement of false facts are different from the truth or are different from the degree of a somewhat exaggerated expression in the contents in light of the overall purport of the alleged facts, it shall not be deemed false, but if the important parts are not consistent with the objective facts, it shall be deemed false.
B. In light of its nature, it is difficult to determine whether an actor knows that the matter was false or not, by taking account of its nature, whether the actor is aware or not, or not, of the fact already made public, by comprehensively taking into account various objective circumstances such as the Defendant’s educational background, career, social status, details of the publication, timing of the publication, and anticipated ripple effects arising therefrom, based on the content of the publication, the existence and content of the explanation, the source and awareness of the fact expressed by the Defendant, etc. In addition, the criminal intent includes not only the conclusive intention but also the so-called negligent intention, which is the intention to recognize it. Therefore,