The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

The defendant shall be punished by a fine of 1.5 million won.

1. Summary of grounds for appeal;

A. On July 3, 2015, the Defendant stated that he was “previous seven crimes” to H around 11:45 (hereinafter “the time of the instant case”).

B. The punishment of the lower court (the first instance court, a fine of KRW 1.5 million, and a fine of KRW 700,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged as to defamation part of the charges is as follows: (a) on July 3, 2015, the Defendant: (b) around 11:45, and around 10, more than 10 market owners, such as G, etc., who listen to “F in Gwangju Mine-gu, Gwangju; (c)” and (d) where the victim H had a funeral service.

"The reputation of the victim was damaged by openly pointing out facts by sound invasion."

나. 판단 피고인이 이 사건 당시 H에게 “ 전과 7범” 이라고 말했다는 점에 부합하는 H, G, L, M의 각 진술[㉠ H: H 작성의 고소장, H에 대한 경찰 진술 조서, H의 원심 법정 진술, ㉡ G: G에 대한 경찰 진술 조서, G의 원심 법정 진술, ㉢ L: 수사보고 (V 마트 업주와의 전화통화), L 작성의 진술서, L의 원심 법정 진술, ㉣ M: 수사보고( 노 점상 M과 전화통화), M의 원심 법정 진술] 은 원심에서 적법하게 채택하여 조사한 증거들에 의하여 알 수 있는 다음과 같은 사정에 비추어 믿지 아니하고, 달리 이를 인정할 증거가 없다.

Therefore, the defendant's assertion of mistake is justified.

① The Defendant, from the investigative agency to the court of the competent trial, has rootsd water on the face of H, and occupied and used the road without permission, but there is no fact that H is a previous and seven criminal.

H was aware of his previous and seven criminal offenses, and was not in length.

If the No. H stated that he was a criminal and seven crimes, he/she consistently stated that he/she is without reason to deny it.

There is no criminal history against the defendant.

② He stated from an investigative agency to the court of the court below that “The Defendant said that he was a criminal of seven years before and after the court of the court below.”