The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The lower court found the Defendant not guilty on the grounds of the judgment regarding defamation caused by the assertion of false facts among the facts charged in the instant case, and found the Defendant guilty only on the part of the conviction.

Since the prosecutor did not appeal the part on the acquittal of the above reasons, this part is also judged in accordance with the principle of non-appeal, but it has already been judged in the trial along with the guilty part, but it has already been separated from the object of attack and defense between the parties, and thus, it cannot be determined in that part.

(see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). Therefore, the part not guilty on the above ground should be subject to the conclusion of the lower judgment, and it is not separately determined.

2. Summary of grounds for appeal;

A. The facts alleged by the Defendant are about the public interest, and the Defendant stated the above facts for the public interest, and thus, the illegality is denied. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicted the Defendant.

B. Even if the conviction of an unreasonable sentencing decision is recognized, the lower court’s punishment (the fine of KRW 700,000) is too unreasonable.

3. Determination

A. In the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles, the Defendant asserted the same purport as this part of the grounds for appeal, and the lower court rejected the above assertion because it was difficult to recognize the Defendant’s act solely as a public interest in light of the circumstances stated in its reasoning. Examining the reasoning’s reasoning in comparison with the records in this case, the lower court’s judgment is just and acceptable, and the Defendant asserts.