The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles as stated in each criminal facts in the judgment of the court below are all false, and the defendant speaked for the benefit of the entire clan, so illegality is dismissed in accordance with Article 310 of the Criminal Act.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the court below's decision as to the assertion of mistake of facts and misapprehension of legal principles and the following circumstances recognized by these evidence. ① The defendant stated in an investigative agency that "I shall have a blade or arms in order to restrain the other party who assisted E, the president, because he has an impediment to his own fault," and that E would purchase 50,000 won through IF, and that I would like to purchase 2 knife. I stated to the effect that "E would not be the expression that I died of an opposite wave and that I would purchase knife himself." ② The defendant stated in an investigative agency about the crime of paragraph (3) of the court below as stated in the judgment of the court below that "D in an interview which is a media organization, was cut down and brought back to losses," and that "The defendant made a statement to the effect that I would be able to recognize the facts of the crime as stated in the judgment of the court below by sufficiently pointing out the victim's reputation or damage on the court date."

In addition, there is no room to apply Article 310 of the Criminal Code to the act falling under the crime of defamation by the statement of false facts.

Supreme Court Decision 92Do234 Decided April 13, 1993 and Supreme Court Decision 92Do234 Decided May 9, 2012