The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles, the Defendant posted a notice on the sound bulletin board of citizens on the creative viewing Internet homepage (hereinafter “instant bulletin board”) on March 19, 2011, and March 21, 201, this does not mean that the victim E (hereinafter “victim”) posted a civil petition that defames the Defendant on the instant bulletin board in a closed manner or with the intention of anti-brupting or harming the Defendant. Thus, even if it constitutes defamation, it constitutes a justifiable act that does not go against social rules.

Nevertheless, the judgment of the court below which convicted the defendant as to the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (the fine of 500,000 won) declared is too unreasonable.

2. Determination

A. (1) According to the evidence duly adopted and examined by the court below, the defendant's assertion of mistake of facts and misapprehension of legal principles can be acknowledged that the defendant posted the same article as the facts stated in the judgment of the court below on the bulletin board of this case, and the whole contents of the above article are examined, since it is judged that it constitutes a public allegation of specific facts that could undermine the social assessment of the victim rather than reflect or harming the non-disclosure civil petition posted by the victim, it is reasonable to view that the defendant had

(2) Next, we examine whether the defendant's act is justified as a legitimate act.

The term "act which does not violate the social rules" as stipulated in Article 20 of the Criminal Code means the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it.