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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.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) of the defendant's written statement of facts and the presentation of problems or improvements in the personnel affairs of the Gyeonggi-do Office is for the public interest.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
2. Determination
A. In the crime of defamation of relevant legal principles, a statement of fact is a concept substituted by an expression of opinion containing a value judgment or evaluation, which refers to a report or statement on the past or present facts in a specific time and space. The content of the statement refers to what can be proved by evidence, and in distinguishing between facts and authorization of opinion, the ordinary meaning and usage of language, possibility of proof, the context in which the expression in question is used, and the context in which the expression in question is used, shall be determined by taking into account all the circumstances, such as the fact-finding situation.
Such a statement of fact is not limited to cases where a direct expression of fact is made, but it is sufficient to suggest the existence of such fact in light of the overall purport of the expression, even if it is based on an indirect and roundive expression, and thereby, there is a possibility of infringing on a specific person’s social value or evaluation (see Supreme Court Decision 91Do420, May 14, 191, etc.). Meanwhile, the fact that a statement of fact was made public is false is proven by the prosecutor actively, and the fact that there is no proof that the information was made public is true cannot be established by the publication of false facts.
In determining whether or not the above burden of proof has been fulfilled, it is not only the proof of the existence of a fact actively, but also the absence of a specific act at a specified period and at a specific place.