A. The statement of F and E, which correspond to the facts charged of mistake of facts, is insufficient to believe because of lack of credibility, the Defendant did not make any such statement as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. In full view of the following circumstances which can be recognized by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, and the lower court’s determination that recognized the credibility of the statement F and E present at the lower court as a witness was clearly erroneous.

In addition to the fact that the appellate court should respect the judgment of the court below on the credibility of the witness's statement (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006) as to the defendant's statement as stated in the facts charged, the defendant can sufficiently recognize the fact that the defendant made the same statement as stated in the facts charged. Thus, the defendant's assertion of mistake of facts is without merit.

① On January 22, 2015, F made the victim’s phrase “I would like to see what person was confirmed by the Military Manpower Administration, but rather to see that I would like to see the fact-finding. I would like to see the fact-finding.”

Accordingly, the victim was asked F to confirm that he was able to act for him, and who was asked to act for him several times, but F did not answer it.

On February 6, 2015, the victim complained of F as defamation, and F was investigated by an investigation agency in 2014, and the victim stated in C Apartment Seniors' meeting that the Defendant had the same talk as the facts charged.

F makes a statement in the court of original instance at the court of original instance, the statement was made in the same place as I did not mention in the investigation agency, but the date and time stated in the facts charged is F.