beta
Text
Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A1 was not false, but true, the content of the document proving the content as stated in the judgment of the court below, which Defendant A sent by Defendant A’s misunderstanding of facts (the part concerning defamation of reputation) was not false, the court below found Defendant A guilty of this part of the facts charged by concluding that the content of the document is false. The judgment of the court below in this part is erroneous by misunderstanding of facts
2) The punishment sentenced by the lower court to Defendant A (the penalty amounting to five million won) is too unreasonable.
B. Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles (the part on the charge of the receipt of the charge of breach of trust and the re-issuance of the charge of breach of trust against the Defendants), although there were a number of evidence supporting the confession statement and credibility of Defendant A, the lower court rejected Defendant A’s statement without reasonable grounds, and accepted the remaining Defendants’ assertion denying this part of the charges and rendered a not guilty verdict on this part of the charges. In so doing, the lower court erred by misapprehending the legal principles on the receipt of the charge of breach of trust and adversely affecting the conclusion
2) Improper sentencing (for Defendant A), the sentence imposed by the lower court on Defendant A is too unffortable and unfair.
2. Determination
A. As to the Defendant A’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part, and on this basis, based on the circumstances acknowledged by the evidence duly admitted and examined by him, the lower court may sufficiently recognize the fact that the Defendant, based on the circumstances acknowledged by the evidence duly admitted and investigated by him, prepared a document proving the same facts as the facts constituting the crime in the lower judgment, and sent it to four directors of theO and the Korea Institute of Private School
The Court found the Defendant guilty of this part of the charges.
The above judgment of the court below is such.