The judgment of the court below is reversed, and the case is remanded to Suwon 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. As to the ground of appeal on defamation caused by a false representation of the deceased G

A. The summary of this part of the facts charged and the summary of the facts charged in the judgment of the court below concerning defamation due to the assertion of false facts about the deceased G among the facts charged in this case, the Defendant damaged the honor of the religious organization of this case by pointing out false facts to the effect that G crypted in a restaurant and used crypted in the restaurant, and that G crys of the victim I religious organization of this case (hereinafter “the religious organization of this case”) were well aware of G’s death and its circumstances, but G cryed in a restaurant and moved to a hospital, but died with heavy morals.

The lower court found the Defendant guilty on this part of the facts charged, based on the following facts: (a) considering the statement by the instant religious organization, V, and the content of “X” and “Y,” published by the said organization, it is difficult to view that the believers of the instant religious organization was unaware of the facts and circumstances of G’s death; and (b) G was transferred to a hospital immediately after having ever taken place with I letter as of February 24, 1985 after having taken place with I letter, and then died at the Busan F Hospital located in Busan. However, even though the Defendant described G in a lucent manner, thereby impairing the reputation of the instant religious organization by pointing false facts, thereby impairing the reputation of the instant religious organization.

B. However, it is difficult to accept the judgment of the Supreme Court as above for the following reasons.

1. Article 20(1) of the Constitution provides that "All citizens shall enjoy freedom of religion," and the freedom of religion shall propaganda the religion they believe and be a new person.