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1. The part of the judgment of the court below against Defendant B is reversed.
Defendant
B. Defendant B is innocent.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s remarks as stated in paragraph (2) of the facts constituting an offense indicated in the judgment of the court below cannot be deemed to have indicated false facts because there are reasonable grounds to believe that they were true or true facts. Defendant B’s remarks as stated in paragraph (1) of the facts constituting an offense indicated in the judgment of the court below are merely those which are different in detail from the truth or somewhat exaggerated expressions, and thus cannot be deemed to have indicated false facts.
B. It is difficult to deem that there was a considerable reason to believe that there was a truth at the time when the Defendants made a statement of the charge not guilty part in the judgment of the court below.
Therefore, the judgment of the court below that there is a substantial reason to believe this part of the statement as a truth and that the illegality of the statement concerning the public interest is excluded, there is an error of law by misunderstanding facts or misunderstanding legal principles.
2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants (guilty part of the judgment of the lower court)
A. Although the Defendant A and the defense counsel asserted the same assertion in the lower court, the lower court, upon its detailed reasoning, determined that “the Defendant A’s statement on this part is false and there was no reasonable ground to believe that the content of the statement is true,” and rejected the Defendant A and the defense counsel’s assertion and convicted the Defendant.
Examining the reasoning of the court below in comparison with records, the above judgment of the court below is just and acceptable. Thus, Defendant A’s assertion is without merit.
B. As to Defendant B’s assertion, the summary of this part of the facts charged is from March 2009 to October 31, 2016, and Defendant B is the secretary general from April 201 to October 31, 2016.