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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) 1) misunderstanding of facts (1) - under the circumstances, ① Do or L damage the Defendant’s automobile, so it cannot be deemed that the Defendant made a false statement, and ② the Defendant merely uses the expressions such as “building owner” and “Manar” cannot be seen as having been identified as the victim because it is difficult to find out who is named. ③ This is merely an act derived from the motive to collect evidence from the neighbors, and thus, it cannot be deemed as having intention to defame the Defendant, and there is an error of law that affected the conclusion of the judgment by misunderstanding of facts, and thus, the judgment of the court below which convicted the Defendant of this. 2) The punishment (a fine of KRW 500,000) sentenced by the court of unfair sentencing (a
B. The judgment of the court below which acquitted the victim and his wife of the defendant on the part of the prosecutor (the second court below's judgment), E and the defendant's behavior, and even according to the victim and the defendant's statement, it can be recognized that other tenants were around at the time of the defendant's bath. Thus, despite the recognition of the public performance of the offense of insult, the judgment of the court below acquitted
2. Determination
A. In determining whether the Defendant’s appeal constitutes a false fact (as to the first instance court’s judgment) or a false fact in determining whether the facts alleged in the crime of defamation by a publicly alleging false facts under Article 307(2) of the Criminal Act are false, if the overall purport of the publicly alleged fact is different from the truth or is merely a somewhat exaggerated expression in light of the overall purport of the publicly alleged fact, it shall not be deemed to be false, but if the important part is not consistent with objective facts, it shall be deemed to be false.
(see, e.g., Supreme Court Decision 2010Do6343, Nov. 15, 2012). Meanwhile, defamation by publicly alleging false facts under Article 307(2) of the Criminal Act is a crime of defamation.