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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the defendant misunderstanding the fact that I was well aware of the fact that I was punished before the residents of the apartment and the head of the management office of the apartment where I was well aware of the fact that I was punished, even though there was no intention to impair the honor of the victim, the court below erred by misunderstanding the fact that the court below found the
B. The court below erred by misapprehending the legal principles that found the Defendant guilty of the facts charged in this case, which affected the conclusion of the judgment, even though the Defendant’s statement solely concerns the public interest and thus dismissed illegality under Article 310 of the Criminal Act.
(c)
In light of the various sentencing conditions of this case, the sentence of a fine of KRW 500,000,000, imposed by the court below against the defendant is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of fact: (i) It is difficult to view that the fact that the victim was punished by a fine is already known to the apartment residents and the managing office of the apartment, which is, the fact that the victim was already subject to a fine (the managing complaint D was unaware of the fact that the investigative agency had already informed the victim of the fact that the Defendant had already been punished
(2) In full view of the following facts: (a) the fact that the victim was punished by a fine is related to the criminal records of the victim; (b) the fact that the victim was punished by a fine falls under the specific contents that undermine the social value or evaluation of the victim; and (c) the defendant, who was resisted by the Director of the Management Office D, was considered to be close to the victim in conflict with the defendant; and (c) the victim mentioned the fact that the victim was punished by a fine in the course of criticism with D and the victim together, the victim was the victim’s intent to impair the victim’s reputation at the