The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal states that the defendant is not eligible as an instructor, and that the defendant intentionally acted in the workplace where the defendant is well-known that he/she is eligible as an instructor, even though he/she is aware that he/she is qualified as an instructor, the expression of the defendant cannot be deemed as merely expression of opinion or evaluation. Therefore, the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension

2. The prosecutor changed the indictment to the indictment, while maintaining the facts of defamation which the court below acquitted the defendant as to the offense of insult as the primary facts charged, applied for the amendment of the indictment to add the ancillary facts charged to the offense of insult, and the subject of the judgment was added by this court.

However, as seen below, the judgment of the court below that only the previous primary facts charged can no longer be maintained, inasmuch as the court rendered a not-guilty verdict as to the primary facts charged together with the judgment of the court below, but it found the defendant guilty of the facts charged added as preliminary ones.

However, since the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles as to defamation which is the primary charge due to the addition of the ancillary charge is still subject to the judgment of this court, we will first examine the legitimacy of the assertion, and then make a judgment on the ancillary charge added at the trial.

3. Judgment on the primary facts charged

A. On October 8, 2018, the primary charges charged by the Defendant is that the victim D obtained the victim D's qualification as an instructor in the C-third floor swimming pool located in Gyeonggi-gun, Gyeonggi-gu, Gyeonggi-do around 11:00, and is working as an instructor. However, while the five students observe the victim, the victim expressed his/her intent to “less he/she is qualified as an instructor, and only his/her course is being completed,” thereby openly pointing out false facts.