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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant made a statement of misunderstanding of facts or misunderstanding of legal principles in the meaning that the victims were not deemed to have entered the company of this case by forging educational background, but rather deemed to have concealed the purpose of the labor movement and provided job assistance. The above statement is merely an expression of personal opinion of the Defendant, and does not constitute a case where the facts are indicated. Even if it is not so, the illegality should be excluded in accordance with Article 310 of the Criminal Act, since it constitutes a case where a true fact is publicly alleged for the public interest.
B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.
2. Determination
A. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles is reasonable in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) the victims did not have any academic background or career at the time of entering the company of this case; and (ii) the defendant appears to have been aware of such facts as an employee conducting labor management (Evidence No. 545 through 546 of the evidence record); and (iii) the defendant mentioned the academic background of the victims during his lectures and made a statement of "comfort employment" in the middle of his speech; and (iv) the order of expression, context, etc., it is reasonable to view the above statement of the victims to mean that the victims were working for the company of this case with the awareness of academic background and the labor movement by joining the company of this case; and (iii) even if the defendant made the above statement with personal opinion about the labor movement method of the victims during his lectures, it is sufficient to reduce the social value of the victims as long as it was based on false facts.