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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the Defendant’s grounds for appeal (definite or misunderstanding of legal principles) stated in the former part of the instant case as “D” and “F tree,” but did not specify the victims, rather, the victim F used the content of the former part of the instant case to read the victim C religious organization D church (hereinafter “victim church”) and himself/herself at the C religious organization church.
In addition, the contents mentioned in the former part of this case are not false, but false facts are not recognized as false, or there are reasonable grounds for misunderstanding, and the contents are for the public interest.
Therefore, even though the defendant should be acquitted, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the defendant guilty.
(2) Upon the expiration of the period for submitting a statement of reasons for appeal by a defense counsel or a claim on the date of trial shall be examined to the extent that the defendant supplements the grounds for appeal.
A. Prior to the judgment on the above argument in the grounds of appeal, we examine ex officio prior to the determination on the above grounds of appeal. The Criminal Act imposes more severe punishment on defamations by publications than general defamations. In light of the fact that the use of publications, etc. by factual means, such as the high propagation and reliability that many people can see in light of their nature, and the possibility of long-term preservation, etc., constitutes "other publications" under Article 309(1) of the Criminal Act, the purpose of the above determination is to constitute "other publications" under Article 309(1) of the Criminal Act, even though they are not registered and published, it shall be deemed as printed materials with the same level of utility and function and can be distributed through publications.