The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, did the horses from the victim C in front of other prisoners, and had already been in a state where such words were open to the public. Therefore, the Defendant did not defame the victim.

Even so, the court below erred by pointing out false facts, thereby impairing the honor of the victim.

As such, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of fact, the Defendant’s assertion of mistake of fact is without merit, since it can be recognized that the Defendant defames the victim by openly pointing out false facts.

① Comprehensively taking account of the testimony of the witness C, F, E, K, and L of the original instance trial witness C, although C has provided other prisoners with advice or guidance on the picture, it seems that there is no fact that C has given such advice or guidance on the picture instead of the picture or there is no fact that the prize received has been divided.

② The Defendant filed a complaint with the Defendant to interfere with the performance of deceptive measures, stating that “The Defendant sent a picture to C E and N instead, and received it from theO organized by the Ministry of Justice.” However, on December 20, 2016, the Daejeon District Public Prosecutor’s Office decided on December 20, 2016, that the Defendant was not guilty of suspicion due to insufficient evidence as to the above suspected facts. While the Defendant filed a complaint, the Daejeon High Public Prosecutor’s Office dismissed the appeal on January 19, 2017.

③ Also, there is a crime of defamation when there is a risk of undermining the reputation of another person even if the publicly known fact is publicly known (Supreme Court Decision 2004Do6754 Delivered on November 15, 2004). Even if the facts alleged by the defendant are publicly written, it is open to the public.

Even if so, it can not be exempted from the responsibility for the crime of defamation.

B. Illegal assertion of sentencing.