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All prosecutor’s appeals against the Defendants and the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) mistake of facts and misapprehension of legal principles: ① did not speak the victim’s reputation as stated in the facts charged in this case; ② the Defendants did not have credibility of the statement made in compliance with the facts charged in this case; ③ even if the Defendants had given and talked about the same talk as stated in paragraphs (1) and (2) of the facts charged in this case, they did not have talked with the Defendants, and thus, they cannot be deemed to have given the Defendants I the same speech as stated in this part of the facts charged, and ④ even though there was no awareness of the possibility of dissemination to the Defendants, there is no possibility of dissemination; ④ even if there was no awareness of the possibility of dissemination to the Defendants, the lower court found the Defendants guilty of all the facts charged in this case; ② there was an error of misunderstanding of facts or of misapprehending of legal principles; ② the Defendants’ punishment against the Defendants on unreasonable sentencing (a.e., imprisonment with prison labor for Defendants A and B, suspension of execution period, 2 years, and 30 million won, respectively).
B. The lower court’s punishment against the Defendants is too uneased and unreasonable.
2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants
A. The Defendants of the lower court’s judgment and the defense counsel of the lower court did not speak at the lower court as stated in the instant facts charged that the victim’s reputation was undermined, and such remarks were made.
However, the court below rejected the assertion that there was no public performance for the establishment of defamation, based on the title "the determination of the defendant's and his defense counsel's assertion" as follows.
1. I and F as evidence that conforms to the facts stated in the judgment of credibility of the I's statement.