affected the conclusion of judgment by misapprehending the legal doctrine regarding publicity as referred to in criminal defamation. 【Reference Provisions】[1] Article 12(1) of the Constitution of the Republic of Korea; Articles 1(1), 243, 245, 307, 308, 309, and 310 of the Criminal Act; Articles 44-2(1) and (2), 44-7(1)2 and (2), 70, and 73 Subparag. 5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; Articles 824(3) and (4) and 251 of the Public Official Election Act / [2] Articles 307(1) of the Criminal Act Article 12(1) of the Constitution of the Republic of Korea (1) All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated except as provided by Act. No person shall be punished, placed under preventive order or subject to involuntary labor except as provided by Act and through lawful procedures. Article 1 of the Criminal Act (Criminality and Punishability of Act) (1) The criminality and punishability of an act shall be determined by the law in effect at the time of the commission of that act. Article 243 of the Criminal Act (Distribution, etc. of Obscene Pictures) Any person who distributes, sells, lends, openly displays or shows any obscene documents, drawing, pictures, films or other things, shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won. [This Article Wholly Amended by Act No. 5057, Dec. 29, 1995] Article 245 of the Criminal Act (Public Indecency) A person who publicly commits an obscene act shall be punished by imprisonment for not more than one year, a fine not exceeding five million won, detention, or a minor fine. <Amended by Act No. 5057, Dec. 29, 1995> Article 307 of the Criminal Act (Defamation) (1) A person who defames another by publicly alleging facts shall be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding five million won. <Amended by Act No. 5057, Dec. 29, 1995> (2) A person who defames another by publicly alleging false facts shall be