The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) written by the defendant is merely merely an expression of opinion, not an expression of specific facts, and the defendant posted a notice for the public interest purpose to attract consumer attention to E products. Therefore, there was no purpose of defamation.

2. Determination

A. The summary of the facts charged in this case is the representative of the Tobacco Co., Ltd.

On July 2, 2017, the Defendant: (a) sought to slander the competitor in the “D” questioning “D” published in NAVER knowledge in around 06:49 on July 2, 2017; and (b) advertisement E in advertisement.

ㅋㅋㅋ 전자 담배 카페에서 보니 E 제품 중국산 쓰레기 수준이라고 난리 던 데 ㅠㅠ’ 라는 댓 글을 작성하여 공공연하게 사실을 적시함으로써 ㈜F 의 명예를 훼손하였다.

B. The lower court rendered a conviction on the facts charged of this case by comprehensively taking account of each evidence of the lower court’s holding.

(c)

1) In order for a crime of defamation to be established, a statement of fact must be made, and the alleged fact should thereby be made to the extent that the social value or evaluation of a specific person is likely to be infringed (see, e.g., Supreme Court Decision 98Do2188, Feb. 25, 2000). In this case, a statement of fact means a report or statement on the past or current facts in a time and space, and its contents mean a statement that can be proved by evidence, and in distinguishing whether the statement is a fact or an opinion, the ordinary meaning and usage of language, the possibility of proof, the context in which the expression at issue was used, and the social situation in which the expression was made, etc., the evidence duly adopted and investigated by the court below (see, e.g., Supreme Court Decision 97Do2956, Mar. 24, 1998).