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Defendant
The appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The fact is that the Defendant, as a misunderstanding of fact, distributed the printed matter written in the facts charged from May 7, 2013 to February 11, 2014. However, since the contents written in the printed matter are true, it is not a statement of false facts.
B. Part of the contents written in the misunderstanding of the legal doctrine is false
Even if the defendant believed that the contents of the incentive are true in the situation where the victim does not harm the life of the victim, distributed the incentive for the public interest, and there was a substantial reason to believe that the contents are true.
(c)
The sentence of the court below's unfair sentencing (amounting to KRW 1,00,000) is too unreasonable.
2. Determination
A. 1) Article 310 of the Criminal Act provides that “The act under Article 307(1) is true and solely for the public interest, and is not punishable.”
This means that an act that defames a person by openly pointing out facts is objectively related to the public interest in order not to be punished because illegality is prompt and punished in accordance with the above provision, and an actor is also required to indicate the facts for the public interest. In addition, the publicly alleged facts are true or at least the actor believed to be true, and there are reasonable grounds to believe that such facts are true and to be true (see Supreme Court Decision 92Do3160, Jun. 22, 1993). The reasonable grounds should be objectively acceptable.
2) The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and examined the evidence, namely, ① the Defendant prepared and distributed printed materials to the effect that “the victimized person has appropriated the female fund as the market fund, and this is a criminal act for embezzlement of public funds.” The victim was paid the female fund as the expenses through the procedures of the residents’ general meeting, and the victim was arbitrarily paid public funds.