The sentence of sentence against the defendant shall be suspended.

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not have made a statement in the Northkbook located on the first floor of the Gdong Welfare Center in Gwangju Mine-gu, as stated in the facts constituting the instant crime.

The Defendant’s statement constitutes a crime of defamation by factual presentation under Article 307(1) of the Criminal Act in accordance with Article 15 of the Criminal Act, since it constitutes a statement of fact or a statement of false fact recognized by the Defendant as a truth.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 500,00) is too unreasonable.

2. Determination

A. In light of the specific situation at the time of the instant crime, the Defendant’s statement, the victim, F, and E’s statement, etc., acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and legal doctrine, it may be recognized that the Defendant made a statement as to the facts constituting the instant crime in North Kaf, and there are reasonable grounds to believe that the statement is true or true, or that the Defendant believed that it was true, and that there

It is difficult to see that the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts and misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. As to the unfair argument of sentencing, there is no record of criminal punishment against the defendant except for the fine of a different species in 1980.

In the first instance, the victim agreed with the victim smoothly, and the victim does not want the punishment of the defendant.

The defendant and the victim have reached the instant case during a minor dispute, and some of the circumstances can be taken into account.

The accused is elderly and a basic livelihood recipient, who is economically difficult to do so.

In addition, various sentencing conditions that are shown in the argument of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the age of the accused, the sexual conduct, and the environment.