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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The facts alleged by the Defendant are true, and there was no awareness that the Defendant was false, and there was no intention to defame, and even if there was no intention to defame, it constitutes defamation, and thus constitutes grounds for excluding illegality.
B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.
2. Determination
A. In determining whether an intentional act of defamation, such as awareness of false facts, is recognized or not, in determining whether a publicly alleged fact is false or false in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act, if the overall purport of the publicly alleged fact differs from the truth or is merely a degree of somewhat exaggerated expression, it shall not be deemed as false in light of the overall purport of the publicly alleged fact. However, if the important part is not consistent with the objective fact
(2) In order to determine whether a person who committed a crime committed a crime committed a false act is aware of a false act or not, in light of its nature, it is difficult to ascertain or prove the fact externally. Furthermore, based on the contents of the fact publicly announced, the existence and content of the explanation, the source and awareness of the fact revealed by the Defendant, etc., various objective circumstances such as the Defendant’s educational background, career, social status, public status, timing of publication, anticipated ripple effect, etc. In addition, the criminal intent includes not only conclusive intention but also the so-called so-called willful negligence, which is the intention to recognize the occurrence of the result, as well as the intention to recognize it. Therefore, defamation by a false act is also established by willful negligence.
(See Supreme Court Decision 2013Do12430 Decided March 13, 2014). The following circumstances are acknowledged by the evidence duly admitted in the lower court and the lower court.