Defendant

All appeals filed by A and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) The each of the report materials indicated in the facts charged in this case of mistake of facts are distributed independently by Defendant B. Defendant A did not have participated in the distribution of each of the above report materials by ordering or knowing that each of the above report materials was produced and distributed to Defendant B. Defendant B did not know that the content of each of the report materials in this case was false. Defendant B did not know that the content of each of the report materials in this case was false. 2) Even if the facts charged in this case were found guilty, the lower court’s punishment (2.5 million won of fine) is too unreasonable.

B. Each sentence (a fine of KRW 2.5 million) sentenced by the court below to the Defendants is too uneased and unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts, the conspiracy is not legally required in relation to the conspiracy of accomplices that two or more persons jointly process in the crime, but only a combination of intent to realize the crime by combining two or more persons. Although there was no process of the whole conspiracy, if the combination of intent is made in order or impliedly, the conspiracy is established between several persons, and even if they did not directly participate in the act of the conspiracy, they are held liable as a co-principal for the act of another co-principal, and such conspiracy may be acknowledged by the rules of experience and experience, even if there was no direct evidence.

(2) In full view of the following circumstances acknowledged by the lower court and the lower court’s duly admitted and investigated evidence, Defendant A conspired with Defendant B to distribute each of the instant news report materials, such as the facts constituting an offense in the lower judgment, without any reasonable doubt, may be acknowledged.

(1)