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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant by mistake of fact posted the instant printed materials, he did not recognize that the descriptions were false, and did not intend to impair the honor of the victim.
B. Sentencing (the sentence of the lower court: a fine of two million won)
2. Determination
A. As to the assertion of mistake of facts, in determining whether the facts alleged in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false, if the facts alleged in the crime of defamation by a statement of false facts are different from the truth or somewhat exaggerated expressions in the detailed contents in light of the overall purport of the alleged facts, it cannot be viewed as false, but if the important parts are not consistent with the objective facts, they should be viewed as false.
B. Whether an actor knows that the matter was false or not, due to its nature, should be determined by comprehensively taking into account various objective circumstances, such as the Defendant’s educational background, career, social status, details of publication, timing of publication, and anticipated ripple effects arising therefrom, based on the contents of the published fact, the existence and content of the supporting material, the source and awareness of the fact expressed by the Defendant, etc. In addition, the criminal intent includes not only conclusive intention but also dolusent intention, and thus, the crime of defamation by publicly alleging false facts is also established by dolusent intention, and such legal doctrine likewise applies to the determination of the crime of defamation of a deceased person under Article 308 of the Criminal Act.
2) In full view of the following circumstances revealed by the record, namely, the purport of the entire content of the alleged fact, the weight of the false part of the alleged fact, the method of expression, and the motive leading to such expressions, the fact that the Defendant recognized that the alleged fact was false and defamation.