The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty on March 31, 2015 of the facts charged (i.e., defamation of the Defendant on March 31, 2015), despite the absence of public performance. However, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

The facts charged in this case are all legitimate acts that do not violate the social norms and thus, the illegality is excluded, but the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding the facts or misapprehension of the legal doctrine, all of the facts charged in the instant case are found guilty, and the Defendant’s mistake of facts or misapprehension of the legal doctrine is without merit.

A. On March 31, 2015, the Defendant alleged to the effect that he/she was the head of E high school school as of March 31, 2015 and was only the principal F at the E high school principal office as of March 31, 2015. However, from the investigation stage of this case to the court of the lower court, the Defendant stated to the purport that “A person who made a complaint has not repaid his/her money from the Defendant,” and that “C is not repaid his/her money from the Defendant.”

Even if the defendant alleged, only F of the school principal F at the time

Even if the F is the principal of the E High School, it cannot be said that there is no possibility that the F would spread the debt relationship, etc. of C to other persons in relation to the personnel evaluation of C, which is the teacher of the E High School.

Therefore, the defendant's argument that this part of defamation is not recognized as a public performance is not acceptable.

B. The phrase “act that does not violate the social norms” as determined by Article 20 of the Criminal Act as to whether to recognize a justifiable act is the spirit of the entire legal order.