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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Inasmuch as the Defendant’s misunderstanding of fact is all true, the content of “the appeal door” inserted in the electronic newspaper advertisement column, the Defendant expressed and disseminated false facts through the above advertisement, thereby impairing the reputation or interfering with the business of the victim company.
shall not be deemed to exist.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.
2. Determination
A. As to the assertion of mistake of fact, the Defendant also asserted as to the assertion of mistake of fact, and the lower court rejected the said assertion in detail, and found the Defendant guilty of the instant facts charged.
In light of the evidence duly adopted and examined by the court below and the court below, the decision of the court below is just, and there is no error of law by mistake as alleged by the defendant.
This part of the defendant's assertion is without merit.
B. The fact that there is no record that the defendant had been punished for the same crime, there is no history of punishment exceeding the fine, and that the purpose of the crime has not been achieved, such as waiver of the claim in the civil lawsuit against the victim company after the crime of this case, etc. is favorable to the defendant.
However, this case is a case where a false fact is inserted in the lower part of the first page of a newspaper with strong radio wave to account for a favorable location in a civil suit against the victim company, thereby impairing the reputation of the victim company, and at the same time obstructing the business, the crime is very poor, and the crime of this case causes considerable damage, such as undermining the reputation of the victim company and undermining its business difficulties.