The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal was served on January 2, 2019 by the Defendant, and the written notification of the receipt of notification of the receipt of the trial records was submitted on January 10, 2019, which was before the expiration of the period for submitting the grounds for appeal. The Defendant and the Defendant’s defense counsel specified the grounds for appeal as “the fact-finding person” on the date of the first instance trial.

However, the Defendant requested the appointment of a state appointed defense counsel on January 10, 2019, before the expiry of the statement of grounds for appeal, and accordingly, on January 14, 2019, the Defendant asserted mistake of facts, misapprehension of legal principles, and unreasonable sentencing as the grounds for appeal, through his defense counsel’s written opinion on January 31, 2019.

Unless there is a special reason attributable to the defendant in regard to the failure of the defendant to assert the above reasons for appeal within the statutory period, the defendant's defense counsel's above reasons for appeal should be deemed legitimate reasons for appeal inducing the defendant (see, e.g., Supreme Court en banc Order 2009Mo1044, Feb. 16, 2012). The defendant and the defendant's defense counsel did not explicitly withdraw the above misapprehension of legal principles on the date of the trial and the assertion

Therefore, in the trial, the above mistake of facts, misunderstanding of legal principles, and the argument of unreasonable sentencing should be considered as legitimate grounds for appeal.

The defendant has never made a defamation statement at the B Welfare Center as stated in the facts charged, and the statements of victims and witnesses supporting the facts charged are unclear and there is no value of evidence.

Therefore, the court below erred by misapprehending the fact that the defendant committed defamation.

B. The facts charged by misapprehending the legal principles should be identified to the extent that the time, place, and method can be distinguished from other facts.

However, on September 25, 2016, the crime date is the day when the B Welfare Center does not work as a Sundays.