The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is that the victim made a speech to the ordinary defendant and took a hand to the body of the defendant, so the statement made by the defendant is not false, and the statement made in the situation where only the members of the union who can be integrated with the victim are made, and therefore, it is not true that the statement made by the defendant was made.

In addition, the statement made by the defendant does not indicate the fact to the extent that it damages the reputation of the victim, and there was no intention of defamation.

2. Determination

A. The summary of the facts charged in the instant case is the representative director of Jongno-gu Seoul Metropolitan Government D (hereinafter “D”) who engages in the business of manufacturing and selling labels and protruding papers, etc. in subparagraph C of the Jongno-gu Seoul Metropolitan Government building B.

Around 09:00 on March 15, 2018, the Defendant: (a) made inquiries by 21 members of the packing division of the D head office office and four employees in charge of the affairs of the head office; (b) made a false statement to the effect that “A victim E is a person who has an bad habition while drinking at a low time; (c) is E; and (d) at that time, he/she made a statement as if the Defendant’s body was a person without permission, thereby impairing the reputation of the victim.”

B. In light of the following circumstances, the court below’s determination of the court below may recognize the credibility of the victim’s statement that “the defendant’s body was not sufficient to reach the defendant’s body while speaking the defendant,” in light of the evidence duly adopted and examined by the court below.

In other words, while the members of the G trade union to which the victim belongs and the defendant who is the D representative director are suffering from extreme conflict of labor-management issues, the body fighting may occur between the victim and the defendant at the continuous site. However, it is difficult to accept that the victim's body is limited to the defendant's body while making the statement to the defendant.