The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Defendant 1) In regard to the violation of the Protection of Communications Secrets Act, Defendant 1 installed a tape recorder of this case in order to secure evidence to prove the fact that the victim C has been in bad faith under sufficient circumstances. The Defendant’s act was not contrary to the social rules stipulated in Article 20 of the Criminal Act, and there was no possibility of expectation of illegality or legitimate act.

B) As to each of the defamations of this case, the Defendant did not make a statement to the H that it secured evidence proving the victim’s incompetence as stated in the facts charged of this case, and even if the Defendant made the above remarks, there was no possibility of dissemination in light of the victim and H’s usual friendship relationship. Nevertheless, the lower court convicted the Defendant of all of the facts charged of this case. Nevertheless, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (2) The lower court’s sentencing of unfair sentencing (one year of suspended sentence for six months and one year of suspension of qualifications) is too unreasonable.

B. Although the prosecutor (legal scenarios) took the victim's clothes, the defendant made a speech that "the victim drinks to strengthen his/her sexual function," in light of the overall purport of the content, the defendant's statement that "the victim drinks the victim's sexual intercourse with the female who is the other party with no will," and thus, it should be deemed that the defendant damaged the victim's reputation by openly pointing out false facts even though the victim did not have committed another woman with no will. However, the court below held that this part of the facts charged was not proven, which affected the conclusion of the judgment by misapprehending the legal principles on defamation.