The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: ① The defendant is about the public interest in view of the objective point of view; ② the defendant believed that the alleged facts were true and there were reasonable grounds to believe that they were true; ③ the alleged facts have already been disseminated; thus, the facts charged in this case should be pronounced not guilty pursuant to Article 310 of the Criminal Act; thus, the judgment below which found the defendant guilty of the facts guilty is erroneous in misconception of facts or in misapprehension of legal principles (Provided, That the defendant’s improper argument for sentencing was raised after the lapse of the period for filing the appeal, and thus cannot be deemed legitimate grounds for

A. Article 310 of the Criminal Act provides that an act under Article 307(1) of the Criminal Act is true and is not punishable solely for the public interest. Thus, in order to establish a crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, the offender should have been aware of such fact by falsity, and there is no room for application of Article 310 of the Criminal Act regarding the exclusion of illegality with respect to an act falling under Article 307(2) of the Criminal Act (see, e.g., Supreme Court Decisions 99Do3213, Oct. 22, 199; 2007Do3554, Jul. 12, 2007; see, e.g., Supreme Court Decision 2007Do3554, Apr. 12, 2007; 2005Do1325, Apr. 13, 199).