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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. In relation to paragraph 1 of the judgment of the defendant, the illegality is excluded in accordance with Article 310 of the Criminal Act, since the statement by the defendant was true, there was considerable reason to believe that it is true and true, and for the public interest.
B. Regarding the list Nos. 1 of the facts charged by mistake of facts or misapprehension of legal principles, in light of the relationship between G and labor union members and the relationship between G and labor union members, before and after the context, etc., the expression “G” does not merely mean the fact that G simply offers the resignation, but is a statement of specific facts that may undermine the social evaluation of G as it includes the meaning that G has left away from the company by destroying labor union. As to the [Attachment 1] Nos. 1 of the facts charged, in relation to [Attachment 3 and 4] of the crime list Nos. 3 and 4 of the facts charged, the phrase “I ambling that it takes responsibility for this situation and driving away from it without any work,” and the phrase “I ambling that it is a small sense that I ambabba without any work,” is premised on the fact that G has left away from the company, and this is a statement of specific facts that may undermine the social evaluation of G. It is unfair by the court below.
2. Before deciding on the grounds for appeal ex officio, each crime in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, the sentence shall be determined by the method of determining the applicable sentences within the scope of a limited term of punishment pursuant to Article 38(1)2 of the Criminal Act. However, the court below committed a mistake by omitting the weight of concurrent crimes. In this regard, the conviction portion of the judgment of the court below cannot be maintained any more.
3. Determination on the grounds for appeal
A. According to the evidence duly admitted and examined by the lower court, the Daegu Employment and Labor Agency on December 201, 201, according to the first statement on the Defendant’s assertion of mistake of facts.