출판물에의한명예훼손등
The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
except that this shall not apply.
1. The court below's scope of the judgment of this court is to find the defendants guilty of the conflict among the facts charged against the defendants, the obstruction of the auction by the defendant C, and the judgment dismissing the public prosecution against defamation by each publication. The defendants appealed only against the guilty part, and the prosecutor did not appeal, and the part dismissing the public prosecution that the defendants and the prosecutor did not appeal becomes final and conclusive, so the scope of the judgment of this court is limited to the above conviction part
2. Summary of reasons for appeal;
A. Regarding the misunderstanding of fact-finding 1), the Defendants did not receive any money in the name of advertising or support fund by entering L under the conspiracy.
2) With respect to the attack against T, the Defendants did not receive any money under the pretext of advertising or support payments by entering T in the public space, and Defendant C did not receive any money under the pretext of living expenses by entering T.
3) With respect to the public conflicts against Y, Defendant A did not have received any monetary amount under the pretext of advertising expenses by Y.
4) Nevertheless, the judgment of the court below convicting the Defendants of each of the facts charged is erroneous in the misapprehension of facts.
B. The sentence sentenced by the court below to the defendants (10 months of imprisonment, 2 years of suspended sentence, 1 year of suspended sentence, 2 years of suspended sentence) is too unreasonable.
3. Determination
A. 1) Determination as to the assertion of mistake of facts
(2) In light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendants attacked the victim L.