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All appeals by the Defendants are dismissed.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. Although there was a fact that the Defendants made a statement about the crime of misunderstanding of facts or misunderstanding of legal principles as to the crime of defamation as stated in this part of the facts charged, the Defendants believed that such statement was a fact that he heard from H and believed that it was a true fact, and thus, the Defendants did not recognize it as false.
The crime of interference with business was conducted by the defendants on the fireworks operated by the victim, and the defendants found the above words as stated in this part of the facts charged, but it cannot be viewed as obstructing the victim's fireworks business.
B. Each sentence of unfair sentencing (a fine of one million won for each defendant) by the lower court is too unreasonable.
2. Determination
A. (i) Determination of whether the facts alleged in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false or not, in determining whether the facts alleged in the crime of defamation by a statement of false facts are false or not, in light of the overall purport of the alleged facts, if there is a little difference from the truth or a little exaggerated expression, it cannot be viewed as false or not, but if the important parts are not consistent with the objective facts,
(See Supreme Court Decision 2010Do6343 Decided November 15, 2012, supra). Meanwhile, in the crime of defamation by publicly alleging false facts, the prosecutor actively proves that the alleged facts are false, and solely based on the fact that there is no proof that the published facts are true, the crime of defamation by publicly alleging false facts cannot be established.
However, in determining whether or not the above burden of proof has been fulfilled, a prosecutor who is the active party shall prove not only the existence of a fact actively, but also the absence of a specific act at a specific period and a specific place without reasonable doubt, but also the prosecutor shall prove it without reasonable doubt.