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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant misunderstanding of facts N helps the Defendant to help the Victim H to help.
The victim I remitted 3 million won to the victim I.
“,” and the above contents are true, so the Defendant told the Defendant of false facts.
subsection (b) of this section.
In addition, the defendant was involved in the F Welfare Foundation's response to the continuation of construction.
The Defendant’s words did not have the possibility of spreading and performing, and there was no intention to defame the Defendant.
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. Considering the difference between the spirit of the principle of substantial direct deliberation and the method of evaluating the credibility of the first instance court and the appellate court’s determination on the assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings in the appellate court, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006). We examine in light of the above legal principles.
The court below rejected the above assertion by the defendant on the same assertion in detail as above. The court below rejected the above assertion by stating in detail the arguments of the defendant and the judgment on this issue.
The above judgment of the court below is recorded.