The defendant shall be innocent.

A. The prosecutor prosecuted the Defendant against defamation by publicly alleging false facts, and the lower court convicted the Defendant of the charges and sentenced a fine of two million won.

The Defendant appealed against the lower judgment on the grounds of mistake of facts, misunderstanding of legal doctrine, and misunderstanding of sentencing.

B. The trial prior to remand dismissed the Defendant’s appeal, and the Defendant appealed against the judgment of the court prior to remand on the ground of misapprehending the legal principles.

(c)

The Supreme Court reversed the judgment of the first instance court prior to the remand on the grounds that it is difficult to recognize the Defendant’s intentional and public performance of defamation.

2. Summary of reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles) The Defendant did not make F the same speech as the entries in the facts charged, and the contents of the facts charged are not false.

2) Even if the Defendant made such remarks as stated in the facts charged,

Even if there was no awareness of falsity, the defendant did not have an intention to impair the reputation of the victim, and there was no intention to defame or defame the victim.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

3. Determination

A. The Defendant is the operator of “D Mart” in the Nam-gu Incheon Metropolitan City, and the victim E is a person who had worked as the captain of the said D Mart from July 10, 2014 to August 10, 2015.

On May 2015, the Defendant: (a) even though the victim did not receive the cost of cash sales from the customer’s employees, the Defendant: (b) paid the cost of cash sales to other companies, including KRW 2 million and KRW 4 million; (c) however, how much the cost of cash sales is given to the Defendant, even though the victim did not receive the cost of cash sales from the customer employees.

E has received money from many military businesses with the sales cost, and is currently under the back investigation.

“The honor of the victim was damaged by openly pointing out false facts.”

B. Relevant legal principles 1).