The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Since the Defendant did not indicate any content that may infringe on the social value or evaluation of the victim, the crime of defamation is not established.

B. The Defendant’s act by misapprehending the legal doctrine is a self-help act, and thus, the illegality is excluded.

(c)

Sentencing is unfair because it is too unreasonable that the sentence of the lower court (300,000 won) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact should be made in order to establish the crime of defamation of reputation, a specific fact should be publicly known that is likely to infringe on a specific person’s social value or evaluation (see, e.g., Supreme Court Decision 98Do2188, Feb. 25, 2000). Whether a certain expression is defamation should be determined by objective evaluation in accordance with the social norms of the expression.

Therefore, even if a value-oriented expression was used, if it is deemed that the social evaluation of a specific person has deteriorated due to it in light of social norms (see Supreme Court Decision 2007Do5077, Oct. 25, 2007). 2) The following circumstances acknowledged by the original judgment and the evidence duly adopted and investigated by the first instance court and the first instance court (see Supreme Court Decision 2007Do5077, Oct. 25, 2007) are met, i.e., ① the Defendant Do, G, and H attending the same senior family together with the victim “voluntary”

In light of the fact that “the sending of the text message directly” was referred to as “the sending of the text message to the victim, ② the victim’s wife was in the victim’s wife, and the victim’s wife was well aware of the fact that the victim’s wife was in the victim’s wife, it is reasonable to view that the Defendant’s statement was made by suggesting that the victim committed an unlawful act, thereby infringing on the social value or evaluation of the victim.

3) Therefore, the Defendant’s assertion of mistake is without merit.

B. Judgment on the misapprehension of the legal principle 1) The act of self-help under the Criminal Act

legal procedure;