The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The main point of the grounds for appeal is that the Defendant’s remarks in this case solely indicate true facts for the public interest and thus, illegality is excluded in accordance with Article 310 of the Criminal Act.

Nevertheless, the court below erred by misapprehending the legal principles on Article 310 of the Criminal Act, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged in the instant case is those who have served as the director in charge of C Council affairs.

On July 22, 2011, at around 10:00, the Defendant damaged the reputation of the victim by openly pointing out facts, including “F’s dismissal measures at the C Council E Security Education Officer of the said C Council, including the victim F, and 37 members, including the victim F, asked them about whether it is possible to dismiss F with respect to F’s disciplinary procedures, but not dismissed.” The Defendant made a statement to the Ministry of Government Legislation that “F’s dismissal measures were decided by the C Council Disciplinary Committee of the C Council.”

B. The lower court’s judgment: (a) under the circumstances where the disciplinary proceedings against the victim, who is the Ethical commander of the Council (hereinafter “Council”) as an employee of the C Council, were under way, G, the chairman of the Council, gave the Defendant an oral notification at the performance analysis conference of the progress of the disciplinary proceedings against the victim; (b) the Defendant made the instant remarks in accordance with the above order; (c) the references to the progress of the disciplinary proceedings against the victim are not in line with the nature of the performance analysis council; and (c) not included in the official agenda of the performance analysis council; and (c) G was asked from the commander of E, who is a member of the victims, of the Council, to inform him of the progress of the disciplinary proceedings against the victim; and (d) was given the above instructions with the intention of responding to the said instructions or resolving the flickty.