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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are without merit since the contents written in the written text of this case are heard from D, or there was no perception that it is false among members of the Kinginging Business Association, and it stated true facts for the public interest of singinging business in the region.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of facts and misapprehension of legal principles regarding the assertion that there was no false awareness, according to the evidence duly adopted and investigated in the original judgment and the trial court, it is deemed that the above content is false at least because the content stated in the written statement in this case is sufficiently recognized as false and the defendant did not make any effort to confirm whether the above content is true or not. Therefore, this part of the argument by the defendant and the defense counsel is without merit. 2) As such, Article 310 (Dismissal of Illegality) of the Criminal Act provides that Article 307 (1) of the Criminal Act provides that the act falling under Article 307 (2) of the Criminal Act shall not be punished if it is true and solely concerns the public interest, so there is no room for application of Article 310 of the Criminal Act concerning the dismissal of illegality with respect to the act falling under Article 307 (2) of the Criminal Act. As seen earlier, since the content stated in the written statement in this case is false, it cannot be justified by applying Article 310 of the Criminal Act.
Therefore, the defendant and his defense counsel's assertion on this part is without merit.
B. It is favorable for the defendant to have no criminal power of the same kind on the argument of unfair sentencing.