The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. As to the gist of the grounds of appeal, defamation is not established since the Defendant’s words made to F of the Department of the Department of the Department of the Department of the Department had no possibility of spreading to many and unspecified persons, and there was no awareness about the possibility of spreading to the Defendant.

At the time of the crime of this case, the Defendant suffered from Ausspatha post, and had weak ability to discern things or make decisions.

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts or misapprehension of legal principles. The following circumstances revealed in accordance with the evidence duly adopted and investigated by the court below, namely, the defendant made a statement to F of the school principal of the school department where the victim attends, that "the victim has stolen or stolen goods from G, and written an anti-competence." The F seems to have sufficiently known that the above false facts were likely to be disseminated to another place, and F is not a person in a position to directly provide guidance to the victim, and it appears that there is sufficient possibility for the defendant to again inform the fact to many people, such as G employee, teacher, school principal, assistant principal, etc. for the confirmation of facts or student life guidance. In light of the above, the defendant's assertion that the statement of false facts to F is likely to spread to unspecified or many people, and therefore, the crime of defamation or misunderstanding of legal principles is not constituted due to lack of possibility of dissemination or public performance.

B. Comprehensively taking account of all the circumstances indicated in the records of the instant case, such as the background of each of the instant crimes and the circumstances before and after the instant crime, the Defendant’s treatment, including pharmacologic treatment, at the time of each of the instant crimes, is provided to the Amina military at the time of the instant crimes.