The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who is not a false fact, merely sent a text message as a true fact, and did not make a false fact known that the Defendant was a false fact, and it did not make a false fact known.

B. Sentencing

2. Determination

A. In determining whether the alleged facts are false in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act with respect to the assertion of mistake of fact, if the specific contents differ from the truth or are somewhat exaggerated expressions in light of the overall purport of the alleged facts, it cannot be deemed as false, but if the important parts are not consistent with the objective facts, they should be deemed as false.

B. In light of its nature, it is difficult to determine whether an actor knows that the matter was false or not, by taking account of its nature, whether the actor is aware or not, or not, of the following objective circumstances, such as the Defendant’s educational background, career, social status, details of publication, timing of publication, and anticipated ripple effect, based on the contents of the published fact, the existence and content of the explanatory material, the source and awareness of the fact, etc.

Comprehensively taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant, despite being aware that the fact of sending text messages was false, thereby impairing the victim’s reputation by openly pointing out false facts by willful negligence.

Recognized.

Defendant

The argument is without merit.

1) The witness I of the lower court stated that “the damaged person” develops the program.