The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The Defendant had posted a poster according to the residents’ resolution in order to inform the defector of the result of the occupant’s meeting, but did not think that he would impair the honor of the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 500,000) is too unreasonable.

2. Determination

A. The judgment of the court below is no longer maintained, since the ex officio judgment prosecutor applied for permission to change the facts charged in the trial, and the party members permitted such permission, thereby changing the subject of the trial.

B. The judgment of the court below on the assertion of mistake of fact has a ground for ex officio reversal, but the defendant's argument in the grounds of appeal is still meaningful.

(1) In the crime of defamation under Article 307(2) of the Criminal Act, the criminal intent of the Defendant’s crime of defamation refers to recognizing that the facts alleged in the constituent elements are false, that is, facts that may undermine the people’s social evaluation, and in particular, there is no need for the purpose of defamation (see Supreme Court Decision 91Do156, Mar. 27, 191). As such, the crime of defamation under Article 307(1) of the Criminal Act, which is more minor than the crime of defamation under Article 307(2) of the Criminal Act, is established only with the statement of facts that may undermine the people’s social evaluation and the perception thereof.

In addition, the statement of fact is not limited to the case of a direct expression of fact, but to the case of an indirect or indirect expression, it is sufficient to suggest the existence of such fact in light of the whole purport of the expression, and thereby, to the extent that there is a possibility of infringing on the social value or evaluation of a specific person.

(see, e.g., Supreme Court Decision 2006Do7915, Nov. 13, 2008). Examining the contents and the method of expression of a poster posted by the Defendant in accordance with the aforementioned legal doctrine, the victim may prove the authenticity and content with the government offices, etc.