The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 3,000,000.

Defendant .

1. The court below dismissed the prosecution against the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) among the facts charged against Defendant A, and acquitted the Defendant as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation). As long as the prosecutor appealed only to Defendant A and Defendant B, the

The scope of this court's trial shall be limited to the non-guilty part against Defendant A and the part against Defendant B of the judgment below.

2. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the non-guilty part (non-guilty part) against Defendant A, the court below found that Defendant B made a telephone call to F as stated in this part of the facts charged, and even though the court below clearly stated that Defendant B made the same remarks as stated in this part of the facts charged, it erred in the misapprehension of the judgment of the court below. The court below acquitted Defendant B of this part of the facts charged. 2) According to the evidence submitted by the prosecutor of the non-guilty part of the facts charged against Defendant B (the part as indicated in the separate sheet of crime No. 6, No. 7, 10, 11, and 12 in the judgment of the court below), the court below acquitted Defendant B of this part of the facts charged.

B. The lower court’s sentence (3 million won in fine) imposed on Defendant B is too unhued and unreasonable.

3. Determination

A. The first offense of false accusation against Defendant A is established when the reported fact goes against the objective truth with the aim of having another person be subject to criminal punishment or disciplinary disposition, and the reported fact goes against the objective fact.