All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (as to the guilty part of the judgment of the court below), February 5, 2015, prepared by Defendant, and the same year

23. Articles 23. (i) are based on each true fact, on which some opinions were expressed together, and there was no intention to defame the accused as well as false perceptions.

However, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Prosecutor 1) Fact-finding 1 (the part of the judgment of the court below which acquitted the defendant), the defendant alleged false facts without confirming the authenticity, and found that there was a possibility of interference with the selection of the victims by prisoners of war of the article.

However, the court below erred in finding the Defendant not guilty of this part of the facts charged by misunderstanding the facts.

2) The lower court’s sentence (3 million won in penalty) against an unfair defendant in sentencing is too unhued and unfair.

2. Judgment on the Defendant’s assertion of mistake of facts

A. It is difficult to determine whether an actor who stated a fact in a crime of defamation of the relevant legal doctrine recognizes that the matter is false or not, due to its nature, to know or prove it outside.

Based on the contents of published facts, the existence and content of explanatory materials, and the source and recognition background of the facts revealed by the defendant, it is inevitable to determine by comprehensively taking account of various objective circumstances such as the defendant's educational background, career, social status, details of publication, time and expected ripple effect.

Since the intention of a crime includes not only the conclusive intention but also the so-called negligence intention which is the intention to recognize the occurrence of the result, the crime of defamation by the statement of false facts is also established by the willful negligence (see, e.g., Supreme Court Decision 2013Do12430, Mar. 13, 2014). In addition, “a person” is a person.