The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In order to establish a crime of violation of Article 307(2) of the Criminal Act, the offender must publicly indicate the fact, and the publicly alleged fact should amount to a decrease in the social evaluation of the person, and the offender should have known such fact as false. In determining whether the publicly alleged fact is false or not, in cases where the material part of the publicly alleged fact is consistent with objective facts in light of the overall purport of the publicly alleged fact, it cannot be viewed as a false fact even if there is a little exaggeration or somewhat exaggerated expression.

(2) On June 1, 2007, the lower court found the Defendants guilty on the following grounds: (a) on the grounds that the overall purport of the instant text (or article) is as follows: (b) the school performance of the students of H high school belongs to the lowest group nationwide, and the same public school is considerably different from the I high school. (b) The school performance of the students of H high school was at a level similar to I high school when they enter the school, but the difference is considerably different after the lapse of time. (c) The reason is that H high school did not properly manage school affairs, such as night learning or dormitory management, and that the students of H high school did not teach students with the fact that the students of H high school have opened, and in full view of the circumstances as indicated in its reasoning, the instant text (or article) constitutes false facts; and (c) as such, it is difficult to view that there is a little exaggeration or little degree in terms of the mere fact in the process of expressing true facts, as alleged by the Defendants.

3. However, the lower court’s aforementioned.