The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. On or around December 28, 2016, the Defendant merely requested a person in charge of disciplinary action against a hospital where the victim works, and thus, does not constitute defamation. If defamation constitutes defamation, it is dismissed as an act that does not go against social norms or a legitimate act.

B. On January 31, 2018, the Defendant did not specify the victim, and the Defendant conducted one person’s demonstration to urge the victim to take disciplinary action against the victim. As such, the crime of defamation is not established, and even if the crime of defamation falls under the crime of defamation, the illegality is dismissed as an act that does not go against the social norms or a justifiable act.

2. Determination as to defamation around December 28, 2016

A. On December 28, 2016, the summary of this part of the facts charged stated as follows: (a) the Defendant sent a phone call to the K Hospital, and, (b) “B is the husband of the E nurse working in the K Hospital, who works in the G Hospital, and the F was the husband of the E nurse who works in the other side; (c) committed any act of frighting with the E nurse, such as sexual intercourse, etc., even after cutting off a marriage, and thus, took personnel measures.”

Accordingly, the reputation of the victim F was damaged by publicly alleging facts.

B. The judgment of the court below is not a duty to maintain confidentiality with respect to the above matters, but the chief of the general affairs division is a person in charge of procedural practical affairs in the disciplinary proceedings for hospital staff including doctors, and the chief of the general affairs division can report the relevant matter to the head of the hospital, the director of the division, etc. and inform the relevant matter within the hospital in the course of implementing the necessary procedures, and the defendant is also sufficiently aware of such circumstances.