Defendant

All appeals filed by A, B, D and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A (a factual mistake or misunderstanding of legal principles) refers to an article stating that “L has received illegal political funds” published in the E press around June 4, 2018, around 05:38, the article of this case.

(hereinafter the same applies). The purpose of not recognizing the false fact was not to prevent L from being elected, and there was no conspiracy with other Defendants.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles.

B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles refers to a informed article sent by Defendant B to Defendant A on June 3, 2018 (hereinafter the same applies) around 10:07, Defendant B, who was not aware of the inclusion of false facts, and did not have the purpose of preventing L from being elected. Therefore, the lower court’s judgment convicting the Defendant of the charges on the charges of unfair sentencing is erroneous in misunderstanding of facts or misunderstanding of legal principles. (2) The lower court’s sentence of unfair sentencing (fine 7,00,000) is too unreasonable.

C. Defendant D1) misunderstanding of facts or misunderstanding of legal principles merely requested B to produce a true article by making a transcript of the testimony testimony of M as to M, and there was no false fact in collusion with other Defendants. Therefore, the lower court’s judgment convicting the Defendant of the charge is erroneous in misunderstanding of facts or misapprehending of legal principles. 2) The lower court’s punishment of unfair sentencing (one year of imprisonment, one year of suspended sentence, two years of suspended sentence) is too unreasonable.

The lower court’s punishment on all the Defendants of the Prosecutor is too unhued and unreasonable.

(Defendant A: Fine of 5,00,000 won, Defendant C: Imprisonment with prison labor of 6 months, and 2 years of suspended execution).2.

A. The article of this case, which is a premise for determination of mistake of facts, was conducted in the Cheongju Law.