The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The content of a text message sent by the Defendant by mistake of fact to its members is not merely an appeal or expression of concern that the victim would not commit any unlawful or unlawful act, or it cannot be readily concluded that it is false in a major part even if it is true. In addition, the Defendant did not have any awareness that the content was false.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. On July 15, 2018, the Defendant sent the text message sent by the Defendant to the members of the association for an extraordinary general meeting of the association and sent the text message as indicated in the lower judgment.

The main contents of this study are that the victim employed 200 service and tried to commit illegal acts such as written manipulation, misappropriation of identification cards, manipulation of attendance, disguised representation, etc. at the extraordinary general meeting.

In order to establish a crime of defamation by publicly alleging false facts as provided by Article 307(2) of the Criminal Act, the criminal must publicly indicate facts, and should be false because the time involved would undermine the social evaluation of the people. In the event that the important parts in this context are consistent with objective facts, it shall not be deemed that there is any false fact even if there is any difference from the truth or somewhat exaggerated expression in the detailed contents. However, in determining whether there is a false fact, it is objective to consider the whole purport of the timely fact in determining whether it is a false fact.