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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A merely stated to the head of the building management office that “The victim, who was seated in the front line of the special meeting after the completion of the general meeting, did not have the intention of defamation nor have the performance acknowledged, since Defendant A merely stated to the effect that “The victim,” in the form of a conversation, reads that “the victim, who was fluent, found the ground fluent.”
B. According to the evidence related to the mistake of facts, Defendant A, at the time of speaking on January 14, 2015, knew that the victim was aware of the cost for establishing a right to collateral security on G’s real estate on behalf of the occupants in order to secure the compensation, etc. for damages incurred to the officetel occupants on behalf of the occupants, he/she may recognize the fact that he/she made a statement as stated in the facts charged. Therefore, the lower court erred by misapprehending the fact that the Defendants did not have an intention to defame and that the Defendants’ act constitutes a public interest and thus, the illegality of the Defendants’ act constitutes an illegal sentencing, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment against Defendant A is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court and the first instance court on Defendant A’s assertion of mistake of facts, the head of the E-building Management Office: (a) reported the cadastral map; (b) demanded the return of the occupied land to the victim after having become aware of boundary errors; and (c) Defendant A did not have any talk from the victim to the effect that “the land of the E-building is found in the parking lot of the officetel building C,” but Defendant A returned the land by 20 occupants, including the victim, at the special general meeting of July 20, 2014, including 20 occupants, including the victim, as indicated in the facts charged.