A. As to the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), the Defendants’ alleged facts are true, and even if the Defendants’ alleged facts were false, the Defendants did not have any awareness of false facts. As such, the Defendants posted a letter for the sake of public interest, there was no purpose of slandering the victims. 2) In relation to the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”), the content recorded in the

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of one million won, Defendant B: a fine of two million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, Articles 361-2(1) and 361-2(2) and 361-3(1) of the Criminal Procedure Act provide that when the appellate court has received the records of the appellate court, the appellant and the other party, and the defense counsel shall be notified thereof, and the appellant or the defense counsel shall submit the statement

Defendants and the state appointed defense counsel asserted mistake of facts and misapprehension of legal principles in the preparatory hearing documents and the statement of reasons for appeal submitted on September 7, 2015 and September 8, 2015.

The Defendants both acknowledged the facts charged in the first instance trial and submitted the petition of appeal on November 11, 2014. While Defendants’ state appointed defense counsel and Defendant B received each notification of the receipt of the trial record on December 2, 2014, and Defendant A received each notification of the receipt on December 3, 2014, the Defendants’ state appointed defense counsel submitted on December 22, 2014 are stated as the grounds for appeal on the grounds of unfair sentencing only.

Therefore, the defendants' assertion of mistake and misapprehension of legal principles is merely a statement submitted after the expiration of the submission period.