The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Summary of Grounds for Appeal

Since misunderstanding of facts and misapprehension of legal principles cannot be readily concluded as false facts, and the defendant stated in a state where performance is lacking without the recognition of false facts, the facts charged in this case are not recognized.

The sentencing of the lower court on the grounds of unfair sentencing (the 500,000 won of fine) is too unreasonable.

The Defendant also asserted the same purport in the lower court as to the assertion of mistake of facts, but the lower court found the Defendant guilty of all the charges of this case by integrating the evidence duly adopted and investigated, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part of “decision on the Defendant and the defense counsel’s assertion.”

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found all of the facts charged of this case guilty is just, and it cannot be said that there is an error of law affecting the conclusion of the judgment by misunderstanding facts or misunderstanding legal principles. Thus, this part

After the judgment of the court below on the assertion of unfair sentencing, the victim expressed his/her intent that he/she would not want the punishment of the defendant, and the statement of the defendant does not seem to have been a conclusive intention on false facts without focusing on the degree of harm to honor, and there are circumstances that may be considered in light of the circumstances that the defendant intended to correct the mistake of the members as the chairperson of the Village Association. In addition, considering all other circumstances that are conditions for the sentencing specified in the instant case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's appeal is justified. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal is again made as follows.