A. Defendant 1) The victim D embezzled public funds of the village. The victim D’s misunderstanding of fact

Since there are circumstances to see that the victim embezzleds community funds for the public interest, the defendant's act should be excluded from illegality pursuant to Article 310 of the Criminal Act, but the court below found the defendant guilty of this part of the facts charged. The judgment of the court below is erroneous as a misunderstanding of facts.

2) The lower court’s improper sentencing is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the Prosecutor 1), the Defendant embezzled operating expenses for senior citizens center as in this part of the facts charged, not for the public interest but for the personal appraisal of the victim K.

In other words, the court below acquitted the victim of this part of the facts charged, although it could sufficiently recognize the above fact that the above injury the victim's reputation, and the court below erred in the misapprehension of facts.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. 1) The lower court’s determination on the Defendant’s assertion of misunderstanding of the facts was comprehensively based on the evidence adopted by the lower court, and the victim D embezzled public funds, such as expenses for certification of pro-friendly environmental agricultural products, as this Chapter.

It is difficult to see that the victim embezzled public funds.

Although there is no obvious reason to suspect that the defendant has embezzled public funds, the victim has embezzled public funds to the village residents without properly ascertaining the embezzlement of the victim.

According to the above facts, the defendant can sufficiently recognize the fact that he has damaged the reputation of the victim by pointing out false facts, and that the damaged person embezzled public funds.

reasonable grounds to believe that there were reasonable grounds to believe

Therefore, this part of the facts charged is found guilty on the ground that the illegality cannot be avoided pursuant to Article 310 of the Criminal Act.

2) the party’s deliberation.