The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) is that the Defendant posted the text of the facts charged in this case to the information and communications network for the public interest of the C members, and thus, the illegality of the posting act is excluded, thereby constituting a crime.

Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous in the misapprehension of legal principles as to the establishment of defamation and thereby affecting the conclusion of the judgment.

2. Determination

A. Article 310 of the Criminal Act where illegality of the crime of defamation is excluded pursuant to Article 310 of the Criminal Act is limited to the case where the facts alleged by the defendant as defamation are true and solely pertaining to the public interest, and Article 310 of the Criminal Act concerning the act of publicly alleging false facts is not applicable.

(See Supreme Court Decision 92Do234 delivered on April 13, 1993, etc.). Therefore, first, we examine whether the content of the notice indicated in the facts charged of this case (hereinafter “instant notice”) is false or false.

The following circumstances revealed through the evidence duly adopted and investigated by the court below and the court below, namely, ① the defendant abetted the victim to commit a crime, such as murder, assault, and fire, through an information and communications network, and posted a notice to the effect that the victim was aware of such fact; ② the defendant believed that the victim was guilty of murder; ② the defendant believed that the investigative agency’s question whether the victim was guilty of violence and fire, and whether the victim was ordered to commit murder; ② the reason for such belief is that the murder case does not occur without the instruction of pedago, and the violence and fire can not occur unless the instruction of pedagos is given; ② The statement to the effect that the victim was stated as follows, “I cannot have any positive evidence, but it is inevitable to confirm it with a serious evidence” (Evidence No. 72-73 of evidence record); ③ the defendant in the case of I Professor Professor.