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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant made a statement as stated in the facts charged, there was no intention to impair the honor of the victim, and the facts alleged by the Defendant are true and true, and for the public interest, the illegality should be dismissed.
Nevertheless, there is an error of law that affected the conclusion of the judgment by misunderstanding facts in the judgment of the court below that partially convicted the defendant.
B. Even if the Defendant was guilty of unreasonable sentencing, considering the fact that the Defendant was working at a school as the career director of the school, and endeavored to the school, the sentence (7 million won of a fine) imposed by the lower judgment is too unreasonable.
2. Determination
A. In the case of an ex officio judgment, the prosecutor added “Article 307(1) of the Criminal Act” to the applicable provisions of the Act, and applied for an amendment to the indictment as stated in the facts charged below. This court permitted this and the subject of the judgment was changed.
In this respect, the judgment of the court below cannot be maintained as it is.
However, even if the above reasons for ex officio destruction exist, the defendant's assertion of mistake or misapprehension of legal principles that there is no intention of defamation and that illegality should be avoided as an act for the public interest is maintained, and it is still subject to the judgment of this court within the scope of the modified facts charged, and we will examine
B. 1) Determination of the Defendant’s assertion of mistake or misapprehension of legal principles on the part of defamation to the purport that the Defendant purchased apartment and the automobile with school money, and on the part of defamation due to a shoulder glass (each false and false fact, Article 310 of the Criminal Act provides that the act of Article 307(1) of the Criminal Act is true and solely for the public interest.