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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. The Defendant of mistake of facts was only able to make a statement to E, such as the statement in the facts charged, in the new and old level, and there was no intent to impair the honor of the victim, and even did not think that E would deliver it to others.
In addition, since the defendant speaks that he has already been announced through the media, there is no possibility that the honor of the victim may be damaged by the defendant's speech.
B. In light of the legal principles, the Defendant’s statement on the facts charged of this case, when the Defendant complained of his wife, is not unlawful, since the statement on the facts charged of this case can be accepted as a whole in society.
C. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.
Judgment
A. Error of facts and misapprehension of legal principles 1) The following circumstances revealed from the evidence legitimately adopted and examined by the court below, i.e., ① the defendant gave to E the amount of 4.4 billion won in return for transfer admission to and employment of professors as stated in the facts of the crime in the judgment below.
In light of the above facts, the victim may be interpreted as having no morality or ethics as the chief executive officer of a school juristic person, and it is evident that it is a specific fact that there is a possibility of impeding the social value or evaluation of the victim. ② It is difficult to view that E, a teacher of D High School, has a close relationship with the defendant or the victim to the extent that there is no possibility of spreading to many and unspecified persons. In fact, E immediately notifies the assistant principal H and the chief of the administrative office I of the defendant’s statement, ③ the defendant seems to have an intention to recognize the possibility of dissemination of the above facts and its risks, such as the expression “I are unaware of school,” and it cannot be deemed that it is merely a reference in the process of spreading his position.