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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The defendant, as the chairperson of the Daejeon-Pacific Council, had the head of the South-west-gun Office in order to identify the situation of the victim's visit to the South-west-gun Office, and had the victim speaked of the same content as the facts charged in the instant case at the level of response to water drinking by the head of the said letter office, and as such, the victims were referred to the Ethics Committee at the time, widely known, such as being recorded in the Daejeon N newsletter, and the defendant did not have a criminal intent to impair the victim's reputation. 2) The defendant made a call with J, which is the head of the South-west-gun Office, only the defendant had no criminal intent to impair the victim's reputation. Considering the fact that the location of the head of the Seo-west Office is a position that the head of the South-west Office handles his/her duties with a view to keeping the victim's secret and thus, it is difficult to find the defendant's act as a performance of defamation.
3 Even if the criminal intent of defamation is recognized against the defendant, and the defendant's above act is judged to be public performance, the illegality of the defendant's above act is excluded in accordance with Article 20 of the Criminal Act as it concerns his/her duty activities and concerns the public interest. Thus, the illegality should be excluded in accordance with Article 310 of the Criminal Act.
B. The sentence of a fine of KRW 1,000,000 imposed by the lower court is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. For the establishment of defamation crime as to the assertion that there is no criminal intent of defamation, it is required to make a statement of specific facts sufficient to undermine the people’s social reputation with intent to defame another person as a subjective element. Whether a certain expression is defamation or not is required.