The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misunderstanding of legal principles (1) were conducted from around 197 to around August 2010, H graduated from the college, it is true that H conducted a press life without completing a regular university course for about 13 years.

Therefore, the part of the Defendant’s writing written to the effect that “H is engaged in a strokeing activity for more than 10 years in the status of stroke without graduatinging from the university of fixed type” does not constitute false facts.

Nevertheless, the court below judged that this part constitutes false facts, and there is an error of misunderstanding of facts in the judgment of the court below.

(2) The part of the instant text written by the Defendant as to whether a statement of fact was made is merely a mere suspicion or expression of opinion that “H has misrepresented an academic background,” and it cannot be deemed a statement of fact.

Nevertheless, the lower court determined that it was a statement of fact.

The judgment of the court below is erroneous in the misunderstanding of legal principles as to statement of fact.

(3) The issue of whether or not the purpose of slandering is subject to the interest and interest of the readers, and H constitutes an official figure as an independent journalist, and therefore, it is difficult to view that the academic background of the dual specialist is purely private area.

Furthermore, the purpose and motive of the Defendant’s writing in this case is to inform the truth by raising suspicions as to H academic history and name.

Therefore, this paper aims to criticize the public interest as it is for public interest.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (five million won of fine) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.

① On February 17, 1995, H graduated from the new department of PJ, and on March 2, 2005, H admitted to the media image department of the Ouniversity and graduated from August 26, 2010.

② Also, H is an Internet newspaper company called Q from April 1, 1997 to now.