The defendant's appeal is dismissed.

1. The lower court dismissed the prosecution against the Defendant regarding defamation on December 12, 2013 among the facts charged in the instant case, and sentenced the Defendant guilty only for the remainder of the facts charged. Accordingly, the lower court’s dismissal of the indictment that was not appealed is separate and finalized, and thus, the subject of the judgment of the lower court is limited to the aforementioned guilty portion among the facts charged in the instant case.

2. Summary of grounds for appeal;

A. Although there is a fact that the defendant made a statement as stated in the facts of the crime in the judgment of the court below by misunderstanding the legal principles, he did not constitute a crime of defamation even if he did not constitute a crime of insult, since he did not make a statement of specific facts. Even if he did not so, the defendant made a statement in the mind that he did not recognize that he was false and made a statement in the mind that he did not recognize that he was a false fact, and there is considerable reason for such misunderstanding, and thus, it does not constitute a crime of mistake in law.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

3. Determination

A. The following circumstances are acknowledged according to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of legal principles.

① Prior to the occurrence of the instant case, the Defendant asserted that the victimized person embezzled the management expenses while holding a general position at the shopping mall’s meeting, and filed various civil and criminal lawsuits against the victimized person.

② The Defendant’s remarks, such as the expression “duplicating money” and “luplicating KRW 100 million,” include a specific fact that the victimized person committed an embezzlement by using the damaged person’s intent to maintain management expenses.

③ After the occurrence of the instant case, the Defendant was under suspicion of a criminal case in which the victim filed a criminal complaint by embezzlement.