A. The Defendant, on January 23, 2013, stated that “D filed a three-time complaint against the Defendant” at the community hall, but did not impair the honor of the victim D (hereinafter “victim”) by stating “D was a previous and three criminal offense,” as stated in the facts charged, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the defendant has no record of punishment for the same kind of crime, and the circumstances of the statement of this case, etc., the punishment (two million won of fine) imposed by the court below is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, (i) E and F attended an open Dong at the lower court from the police to the court of the court below; (ii) around January 23, 2013, at the lower court, the Defendant appeared to the effect that “D is unable to serve as the chairperson; (iii) again to elect the chairperson; and (iv) the Defendant asked him that “I would like to listen to what is the preceding and three crimes,” and “I would like to listen to what is the three crimes,” and the Defendant asked him from the court of the first instance that “I want to listen to the fact from the police to the court of the court of the court of the first instance; and (iv) I would like to have heard from the court of the lower court to the court of the first instance; and (iv) I would like to have known that I would like to have known that I would have been the victim’s 3-year community hall at the time of the Defendant’s above remarks.”