The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the facts alleged by the Defendant fall under a mere presentation of opinion, and all the alleged facts are solely for the public interest, and thus, illegality is excluded pursuant to Article 310 of the Criminal Act. Therefore, defamation is not established.

Even if the facts alleged by the defendant are false, there is a considerable reason to believe that the defendant is true, and in this respect, defamation cannot be established.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. In the trial of the court below, the ex officio determination prosecutor applied for changes to the indictment as stated in the following criminal facts, and this court permitted this and thus, the judgment of the court below was no longer maintained as it is.

The defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal, and this is examined below.

3. Judgment on the defendant's assertion of mistake of facts

A. It is clear that it constitutes a fact in the past or current state that can prove the authenticity of the Defendant’s wage, such as the content that the Defendant posted a simple opinion on the Defendant’s publication on the website of the government agency, such as Blue House, or that the D Foundation did not pay a monthly wage of KRW 1 to 30,000,000 to the employees commuting to the workplace at home, and the monthly wage of KRW 1 to 30,000,000,000,000,000,0000,0000,000,000,000,000,000,000,000,000,000,000

Therefore, it is merely a presentation of opinion.