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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, Defendant 1 was guilty of the facts charged in this case, on the grounds that “F and D (hereinafter “victim”) had the wind to avoid the wind,” but the horses were true, not false, and the circumstances leading up to the Defendant’s end at the time were to explain the circumstances of the case in the process of confirming the actual residence of the victim. However, the lower court found Defendant guilty of the facts charged in this case. In so doing, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. In light of the fact that the Defendant, even though having been sentenced to a judgment of an unreasonable sentencing amounting to KRW 50 million by the former husband E, committed the instant crime on the grounds of negligence by failing to receive consolation money, and that the instant crime constitutes concurrent crimes with the crime of defamation for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act should consider equity with the case where judgment is concurrently rendered under Article 39(1) of the Criminal Act, etc., the sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. (1) In determining whether the alleged facts in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false, if the contents of the alleged facts are different from the truth or are merely a somewhat exaggerated expression in light of the purport of the entire contents of the alleged facts, it shall not be deemed false. However, if the important parts are not consistent with objective facts, it shall be deemed as false.
Furthermore, it is difficult to ascertain or prove that an offender is false or not, due to its nature, the content and existence of the published fact, the existence and content of the explanatory materials, and the source and recognition of the fact that the Defendant revealed.