Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there was a fact that the Defendants made a mistake of facts as stated in the facts charged, the Defendants, the victims, and E/F, together with the victims, were in conflict with the Defendants, and there was no possibility of spreading the Defendants’ remarks. Therefore, the crime of insult, which constitutes the elements of public performance, is not established.
B. The lower court’s sentence of unreasonable sentencing (defendants: fines of KRW 300,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence of the judgment below, the court below found the defendants guilty of the facts charged of this case, based on the following facts: ① the defendants are married couple operating a H restaurant under the Incheon Gyeyang-gu D Office 101, the victim's audit, E, the management office, and F. The defendants were in charge of the above officetel's accounting, and F recorded the statements in the victim's judgment before E and F. ② The defendants acknowledged that there was a conflict with the victim, the victim, E, and F, etc. with the autonomous meeting of the above officetels and the management office's management office's operation, etc., and EF could not be deemed as having a close relationship with the victim or a close relationship with the victim, except for the fact that the victim's cooperation is not good with the victim and the management office's operation is necessary. In particular, since F could reproduce the above recording at any time, it is possible for the defendants to spread it to an unspecified or unspecified person.
B. According to the evidence duly adopted and examined by the court below and the court below's judgment, there was no legal measure such as filing a complaint against the Defendants by the victims, E, and F. Rather, F filed a complaint against the Defendant A separate from the victims, and the said Defendant was subject to criminal punishment.