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The judgment of the court below is reversed.
Defendant
B shall be punished by a fine of KRW 1,000,000.
Defendant
B The above fine shall not be paid.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant A’s revocation of the donation of G pastor by Defendant A, while explaining to the members, whether the decision is grounded
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In doing so, it can be inferred that the crime can be inferred.
Although there is a fact stating that it is not a statement of fact, it is nothing more than a statement of fact, but a statement of opinion, and even if not, it is not a falsity that does not fit the objective truth, and that the above defendant was aware that it was false, and that it was time for it.
Although it cannot be seen, the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine on the crime of defamation by alleging false facts, thereby adversely affecting the conclusion
2) The court below found Defendant B guilty of the facts charged in this case even though the only evidence consistent with the facts charged against Defendant B, which is the only evidence, did not have credibility in light of the common sense and the empirical rule, and the above Defendant merely stated that “I and H have divorcedd or married by a person who has a family.” This only refers to only a person who has aJ, and this is not a performance (the possibility of spreading) but is not a false fact, and is not a statement of fact to undermine a person’s social evaluation. The court below erred by misapprehending the facts in violation of the rules of evidence or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. Each sentence sentenced by the lower court to the Defendants (a fine of two million won) is too unreasonable.
2. Determination
A. Determination on Defendant A’s assertion of mistake or misunderstanding of the legal doctrine 1) In determining whether the alleged facts were false in the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, it is indicated.