The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant posted a statement on C’s internal computer network to the effect that “D, the chairperson of the current trade union, has expressed doubt that “D, as the chairperson of the trade union, has threatened union members, has exercised personnel pressure on union members, has circulated union members, and has expressed C externally in an inappropriate manner.” However, it is objectively true.

B. The Defendant, by misapprehending the legal principles, intended to advance the election of the chairman of the CU and provide members with correct information, at the time.

Since the error of D is clearly stated, it is an act for the public interest, and the illegality is excluded in accordance with Article 310 of the Criminal Code.

(c)

The sentence (2,00,000 won) sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. In order to establish the crime of defamation by publicly alleging false facts as prescribed by Article 307(2) of the Criminal Act with respect to the assertion of mistake of fact, it should be publicly made a statement of fact, and the time of such fact should be a degradation of people’s social evaluation. In the event that important matters are consistent with objective facts, even if there is a little or exaggerated expression that differs from the truth in detail or is not deemed a false fact (see, e.g., Supreme Court Decision 2010Do2690, May 9, 2012). However, in the event that the important part of the timely fact is different from the truth and is intentionally distorted, the crime of defamation by publicly alleging false facts is established.

The lower court determined as follows: (a) in the process of obtaining a request for inspection of accounting books from some members, Q, a vice-chairperson of the C Trade Union, the following circumstances that were duly adopted and investigated by the lower court: (b) stated that “I will not take place only impule if, prior to inspection of accounting books, Q, a vice-chairperson of the C Trade Union appears to have a bad intent.”