A. misunderstanding of facts and misapprehension of legal principles did not have made a statement that impairs the reputation of the victim as stated in the facts charged, and even if such a statement was made, it was said that the victim, who was flicker than the defendant, made a flicker Bag and criticism against him, and thus, it constitutes a justifiable act, which does not violate the social rules of Article 20 of the Criminal Act, and thus, its illegality is excluded.

B. The sentence of the lower court that is unfair in sentencing (hereinafter “the sentence”) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility of the assertion of mistake of facts, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or considering the results of the first instance examination and the results of additional examination conducted by the time the appellate trial is final and conclusive, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2010Do3846, Jun. 24, 2010). In light of the above legal principles, the lower court and the first instance court acknowledged the evidence duly adopted and examined by the evidence duly adopted and examined by the appellate court, namely, ① the victim is called as the victim’s fraud as stated in the judgment of the lower court from the investigative agency to the lower court to the construction site for remodeling of “Del” to the first instance court.