The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. The victim E embezzled the player allowance from 2006 to 2010, and was convicted of embezzlement of D subsidy of KRW 200 million. In addition to these misconducts, the victim E additionally stated the fact that he embezzled approximately KRW 1,000,000 won of the Abdominary Game prize in 2010.

of the victims, the social value or evaluation of the victims has been significantly infringed;

It is difficult to see it.

B. In 2010, the Defendant believed that the victim was embezzled of the above reward through I’s statement that he did not receive the reward for the Maban Games, and other wrongful facts of the victim revealed at that time, and did not have any awareness that it was false.

(c)

The defendant did not have a public performance or there was no awareness of a public performance, because he made the above remarks to reporters on the premise of the report.

(d)

The defendant's statement is for the public interest purpose of excluding D's corruption, so illegality is excluded by Article 310 of the Criminal Code.

2. Determination

(a) The honor of the victim has been damaged;

According to the evidence duly adopted and examined by the court below, it can be recognized that the Defendant’s remarks in this case were about new misconducts that were not revealed through the special audit by the Ministry of Culture and Tourism, and thereby, it is reasonable to view that the social value or evaluation of the victim was lowered.

Therefore, this part of the defendant's argument is without merit.

B. Whether there was a false perception or not, the Defendant asserted the same purport in the lower court, and the lower court, based on the evidence duly admitted and investigated, determined as follows: (i) the Defendant, the senior secretary of the D Secretariat, was able to sufficiently verify if he had the mind.

Even though it is seen, the prize has not been received.