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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles 1) As to the facts charged in the 2017 High 86 case, the Defendant distributed the news report materials, and there was no interview that “former and incumbent executives and members have to leave,” and the incumbent executives are recorded in the news report materials distributed.
Even if this does not constitute an expression that may undermine the social evaluation of incumbent executives, and even if there was no criminal intent to impair the reputation of incumbent executives in light of the details of the report or the overall purport of the report, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2) As to the facts charged in the 2017 High 316 High 316, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendant guilty of this part of the facts charged, even if the Defendant did not have awareness of false facts, and thereby adversely affected the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.
2. Determination on the facts charged in the case of 2017 High 86
A. The Defendant in this part of the facts charged is a person who served as an auditor in the AFFC.
On July 26, 2016, the Defendant submitted to the Board of Audit and Inspection located in the Jongno-gu Seoul Northern village a petition for the management, etc. of the Dong Agricultural Cooperative.
E Around July 27, 2016, a reporter, etc. affiliated with E submitted a petition to the Board of Audit and Inspection requesting an audit of the overall operating expenses and room management of the NACFDD, and interview with the content that “former and incumbent executives and members of the NA have no choice but to attend the report,” and the former and incumbent executives of the NA in E, etc. submitted the petition as above.