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. The content of text messages sent by the Defendant to approximately 1,00 Korean Pharmaceutical Members, who are the right holders of the E, around December 3, 2012 (hereinafter “instant text messages”) is true and not so.

Even if the above contents were believed to be true and there was a justifiable reason to believe that the defendant was true, and the above contents did not constitute a degradation of people's social evaluation, and the defendant's above act is for public interest, and therefore, it constitutes grounds for excluding illegality under Article 310 of the Criminal Act.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of legal doctrine, the part of the instant text messages that “F candidates promised to resign from E” is deemed to be false that the important part of the instant text messages is not consistent with objective facts, and thereby, the victim’s social evaluation may be lowered, and there was reasonable reason to believe that the content of the instant text messages was true and reasonable.

It is difficult to see that the defendant did the above act solely for the public interest, and the defendant had the intention to impair the honor of the victim F (hereinafter referred to as "victim").

Therefore, the defendant's above mistake of facts and misapprehension of legal principles are without merit.

(1) The defendant and the victim are members of E, and they operate pharmacies at Changwon-si, respectively, and are 35 units that took place on December 13, 2012.