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The defendant's appeal is dismissed.
Reasons
The prosecutor did not prove that the article (hereinafter "the article of this case") as stated in the judgment of the court below is false, or that the article of this case (hereinafter "the article of this case") was false.
The defendant did not have the purpose of false perception or defamation.
The punishment of the court below (10 months of imprisonment, 2 years of suspended execution) is too unreasonable.
Judgment
The court below rejected the above assertion by stating in detail that the article of this case has proved the falsity of the article of this case, the defendant's false perception of the defendant, and the part related to the defendant's existence of a false perception of the facts as alleged above, and the court below rejected the above assertion in detail.
The judgment of the court below is justified in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as well as the circumstances added in the court below.
① Whether an expression that defames another person’s reputation is true or not, and whether an actor has a reasonable ground to believe that it is true or not, should be determined at the time of expression. However, even so, inasmuch as the authenticity and reasonableness at the time of expression can be determined by referring to the facts revealed before and after the expression, evidence collected after the act can also be used as evidence for the determination.
In light of the fact that the Defendant submitted the article on July 14, 2017 by another press agency, where the name of the victim, etc. was discovered in the course of the search by the prosecution during the search by the prosecution, and the results of the investigation by the prosecution conducted after the above search do not include the victim’s acceptance of money and valuables of KRW 5 billion (Bribery) and that the additional investigation related to this part has not been conducted until now, the above materials alone seems difficult to determine the authenticity of the article in this case.
2. N shall be the Chairperson of JK Group and P.