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Defendant
All appeals filed by A, B, C, D, E, G and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. With respect to the mistake of facts and the misapprehension of legal principles in relation to the victim's expulsion from the name of the victim who is a member of the church of this case and the defect in each procedure of the sale of church property, the facts alleged by the defendants are true. Even if some of the facts stated by the defendants constitute false facts, the defendants are believed to be true, and thus, the illegality of the defendants is excluded because they are alleged to be true and stated for the public interest.
Nevertheless, the lower court found the Defendants guilty of this part of the charges, and thus, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
(2) Each sentence (the suspended sentence of a fine of KRW 700,000 for each of the 700,000 for Defendant A, B, C, D, and E) sentenced by the lower court against the Defendants is too unreasonable.
B. Each fact alleged by the Defendants, such as the prosecutor’s (1) misunderstanding of facts and misunderstanding of the legal principles (the entire part of the acquittal and the part of the acquittal of the reasoning of the lower judgment) and the part of the acquittal of the reasoning of the lower judgment, are false. In light of the Defendants’ work experience and position within the church, the Defendants sufficiently recognized that the alleged facts at the
I would like to say.
Nevertheless, the lower court rendered a not-guilty verdict on this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.
(2) The punishment sentenced by the lower court against the Defendants is too uneasible and unfair.
2. Determination as to the misunderstanding of the facts and misapprehension of the legal principles of Defendant A, B, C, D, E, and G (guilty part of the lower judgment)
A. The summary of this part of the facts charged is that the Defendants are members of the J church located in Ulsan-gu I, Ulsan-gu, and the mail containing false facts with respect to the victim K, who is a member of the said church, from December 2, 201, to the members.