The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal (misunderstanding of facts about non-crimes);

A. Of the crimes of defamation by publication, part of the victim’s body is a part of the crime of defamation by publication, since it is sufficient to sell the victim to a person belonging to a violent organization and thereby hamper the social value or assessment of the victim, the crime of defamation is established.

Nevertheless, the court below cannot regard it as a content infringing on social values or evaluations.

In light of the above, the court below acquitted the charged facts, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. Whether or not an article against D is written or not is irrelevant to the legal principles of false accusation, or is irrelevant to the issue of recognition of facts, and since it is apparent that the article posted by the defendant is an article against D, it is obvious that the defendant did not prepare an article that slanders D while filing a false accusation against D. Thus, it is obvious that the defendant did not have any fact. Thus, the defendant's accusation constitutes a crime of false accusation.

Nevertheless, the lower court found the Defendant to have reported false facts to an investigative agency only as a result of misapprehending the legal doctrine on the establishment of a crime of specification and false accusation of victims in the crime of defamation.

difficult to discover such evidence.

In light of the above, the judgment of the court below was pronounced not guilty, which affected the conclusion of the judgment.

2. Determination

A. In order to establish the crime of defamation by publication’s defamation, specific facts that may infringe on a specific person’s social value or assessment should be indicated (see, e.g., Supreme Court Decision 98Do2188, Feb. 25, 2000). Whether a certain expression constitutes defamation should be determined by objective evaluation in accordance with the social norms of the expression.

Therefore, even if value-oriented expressions were used, they are caused by social norms.