The defendant's appeal is dismissed.

1. As to defamation among the facts charged in the instant case’s indictment, there is a fact that the Defendant made a statement as indicated in its reasoning, but it is not a statement of fact because it constitutes an individual judgment of the Defendant, and even if a statement of fact was made, it is true and consistent with the public interest, and thus, the illegality of it is discovered. However, the judgment of the first instance which found the Defendant guilty is erroneous in matters of law or in matters of law, thereby affecting

With respect to the destruction and damage of documents by March 25, 201, the fact that the defendant has damaged documents as stated in the judgment of the court of first instance is true, but the damage of documents by the defendant is written with the contents that harm the reputation of the defendant, and even if it is justified as a legitimate act, it is erroneous in the judgment of the court of first instance which found the defendant guilty, or in the misapprehension of legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. As to defamation, first of all, as to whether the Defendant’s horses constitute a statement of fact, or merely a determination or opinion of the Defendant in the crime of defamation, it constitutes a statement of fact in the crime of defamation on the grounds that the Defendant’s statement to the effect that “the term of office of the victim D expires and thus, is not qualified” as stated in the judgment of the first instance court constitutes a statement of fact in the crime of defamation.

(See Supreme Court Decision 2002Do7420 Decided May 13, 2003, etc.). Meanwhile, in a case where an act of impairing another person’s reputation was committed and its purpose is solely for the public interest, if it is proved that the alleged fact was true, the act is not unlawful, and even if it was not proven, there is considerable reason to believe that the actor was true.