The judgment of the court below is reversed.

Of the facts charged in this case, the injury is not guilty. The judgment of the court below is reversed.

1. Summary of grounds for appeal;

A. The defendant has not damaged the reputation of the victim or inflicted an injury on the victim as stated in the facts constituting a crime in each judgment of the court below.

B. As to the facts constituting the crime in the judgment of the court below, since only the Defendant and the victim were at the scene of the crime, public performance necessary for the establishment of defamation is not recognized.

C. Each sentence of the judgment of the court below on unreasonable sentencing (the first judgment: the fine of one million won, and the second judgment: the fine of one million won) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts and misapprehension of legal principles concerning the crime No. 1 of the lower judgment.

① On June 30, 2014, around 17:00 and around June 30, 2014, the victim stated that the Defendant was the victim, who was the police officer and the residents of the police station, had the Defendant talked that he was the sexual organ of the Defendant.

② At the time, police officers called to the scene had been present as witnesses in the court of original instance, and the Defendant had been present in the court of original instance to talk. At the time, the number of residents 7 to 8 meters was 7 to 7.8 meters away.

In full view of the above facts, it can be sufficiently recognized that the defendant has damaged the reputation of the victim by openly speaking to the effect that "the victim has changed his or her sexual organ". Thus, this part of the defendant's assertion is without merit.

B. According to the evidence duly adopted and examined by the lower court, the lower court and the first instance court as to the assertion of mistake of facts concerning the crime No. 2 of the lower judgment, especially the witness F of the first instance judgment, the investigation report prepared by the judicial police officer on August 25, 2014 (the call with the witness I, the Busan District Prosecutors’ Office No. 2014 type No. 70301 type No. 21 type), etc., and the fact that the victim’s reputation is openly impaired as stated in the Defendant’s criminal facts.