There is no misunderstanding of facts and misunderstanding of legal principles that the Defendant prepared a substitute report (hereinafter “instant substitute report”) to the effect that “the victim organized a private organization called E organization, and collects money to use for demonstration with the personal account” as the title “related to school situation.”

In addition, since the victim actually formed a private organization called E organization, and the victim collected money in personal account, the contents of the instant bulletin are “a statement of fact,” and the defendant posted it for “public interest,” so the defendant’s act is excluded from illegality.

If it is true that the contents of the instant news report were false, the Defendant, at the time of posting the instant news report, believed that the content of the said news report was true and there were reasonable grounds to believe that it was true and true, so the Defendant’s act is dismissed from illegality.

Nevertheless, the lower court found the Defendant guilty of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The sentence of the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

Taking account of the following circumstances, etc. acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and misapprehension of legal doctrine, the facts that the Defendant prepared the instant substitute report and the content of the instant substitute report, as indicated in the lower court’s reasoning, can be acknowledged, respectively, and the Defendant believed this to be true.

It is difficult to see that there is a considerable reason to believe such as the above, and therefore, this part of the defendant's assertion is without merit.

(1) A witness R, the president of the Incorporated Foundation B, who is an employee of the High L's C School, is a 'E organization' in the court of a trial, which was made for a meeting of friendship on 2015.