The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. The Defendant, in the Fagy's Ma, posted an advertisement containing the fact of victim E's previous conviction and mental disorder determination (hereinafter "the advertisement of this case"), but this is intended to appeal that the above fact was widely known to the members of the D organization (hereinafter "D organization") and the general public, related institutions, etc. and that it is inappropriate for the victim to leave the D organization head, and thus, it cannot be deemed that it was for the public interest and it was for the purpose of slandering the victim. However, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. When considering the various circumstances on the defendant's point of unfair sentencing, the court below's punishment (two months of imprisonment, two years of suspended execution, two years of community service work, 120 hours) is too unreasonable.

2. Determination

A. “Purpose of slandering a person” under Article 309(1) of the Criminal Act regarding the assertion of mistake of facts is required for the intention or purpose of defamation, and is in conflict with one another in the direction of subjective intent of an actor as well as for the public interest. Whether a person is intended to defame a person ought to be determined by considering all the circumstances concerning the expression itself, such as the content and nature of the relevant statement, the scope of the counter-party to which the publication of the relevant fact was made, the method of expression, etc., and by comparing and considering the degree of infringement of reputation that may be damaged or damaged by the expression.

(2) In light of the above legal principles, the Plaintiff’s family members, relatives, and children’s family members as well as members of the D organization, as well as the victim’s family members, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, based on these legal principles: (a) the same shall not apply to the instant case; and (b) the same shall not apply to the case where the advertisement of this case was published at least one million average per day.