The defendant's appeal is dismissed.

1. According to the defendant's reply of the summary of the grounds for appeal, there is a party who was not partially refunded or returned the costs of lawsuit from the victim. Thus, the defendant's statement does not constitute false facts.

In addition, since the defendant, as the president of a clan, has sent a letter of confirmation as to whether the victim's legal costs were returned for the legitimate business of the clan, the judgment of the court below which found the defendant guilty of the facts charged of this case without an intention to impair the honor of the victim, is erroneous in matters of law

2. In light of the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below, since the contents written by the defendant in each written statement constitute false contents and sent each written statement based on the defendant's vague trend, it is difficult to see that there is a considerable reason to believe that the defendant's contents written in each written statement are true. Even if the defendant's purpose is to confirm facts as the chairperson of a clan, the principal purpose is to defame the victim, and there is no room to apply Article 310 of the Criminal Act concerning the dismissal of illegality as long as it constitutes false facts.

The issue of whether the defendant had an intention to impair the reputation of a victim shall be determined by the motive, circumstance, overall context, etc. of the facts indicated in each letter, and the defendant requires that the female clan members participating in the party shall sign their respective letters stating that "I, regardless of whether the defendant was the principal of the lawsuit for invalidation of the various clans or was the principal of the principal clans, he participated in the plaintiff and brought about a damage to the honor of the clan, and shall not be able to do so again."

London. Doz.