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All appeals by the defendant and the prosecutor are dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The details indicated on the instant notice that is misleading facts are not false.
In addition, since the act of the defendant in this case is true facts falling under Article 310 of the Criminal Code and acts solely pertaining to the public interest, illegality is dismissed.
2) Improper sentencing (the sentence of the lower court: a fine of one million won)
B. Prosecution’s improper sentencing
2. Determination
A. 1) As to the Defendant’s assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous in light of the spirit of substantial direct and psychological principle adopted by our criminal litigation law.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court.
2) Although the lower court also asserted to the effect that this part of the appeal is alleged as the grounds for appeal, the lower court rejected the above assertion on the grounds of detailed reasons in its judgment.
In full view of all the circumstances revealed by the court below's duly admitted and investigated evidence, the above judgment of the court below is justified.
The above assertion by the defendant is without merit.
B. As to the wrongful argument of sentencing by the Defendant and the Prosecutor, we concurrently examine the argument of sentencing by the Defendant and the Prosecutor.
1) The Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.