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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In misunderstanding of facts and legal principles, the Defendant heard from K that he provided the victim (C pastor) and I pastor with KRW 1 million, and this was intended to inform the church for public interest purposes contrary to the church law. The details stated by the Defendant are not false, but is dismissed under Article 310 of the Criminal Act, and the court below convicted the Defendant by misunderstanding of facts or by misunderstanding of legal principles.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination
A. We examine the judgment of misunderstanding of facts and misapprehension of legal principles in the court below, and the defendant argued to the same effect as the grounds for appeal in this part, and the court below, based on evidence, found that “the victim received high-class food from K and received large amounts of money” was false as it does not conform with objective facts. In this case, where the defendant sent a false text message via information and communications network for the purpose of sending or slandering a written accusation stating false facts, Article 310 of the Criminal Act on the prevention of illegality does not apply to the case where the defendant sent a false text message through information and communications network, and there is a justifiable reason to believe or believe the contents of each text of the criminal facts sent or transmitted by the defendant as true.
It is difficult to see even
In light of the records, the above judgment of the court below is just and acceptable.
B. We examine the determination of the unfair argument of sentencing, the Defendant had the record of punishing several times including the same force twice, and there is no effort to resolve the situation promoted by the instant accusation letter or text message or to resolve the victims’ emotional harm, and the Defendant’s age, sexual conduct, environment, background and consequence of the instant crime, circumstances after the crime, etc.