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All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Article 307(1) of the Criminal Act shall apply to cases where the victim of defamation of false facts was not legally elected as the chairperson of the E market Management and Operation Committee due to the defect in the resolution of the general assembly on May 31, 2012. As such, the victim was not the chairperson of the E market Management and Operation Committee at the time of August 10, 2012, on which the Defendant sent a document, and the victim was not the chairperson of the E market Management and Operation Committee. Therefore, Article 307(1) of the Criminal Act shall apply as it constitutes a case where the Defendant stated true facts. Even if the document was false, it constitutes a case where there is a reasonable ground for misunderstanding as true facts. The Defendant, as a general secretary of the Committee and the chairperson acting on behalf of the E market, sent a document on August 10, 2012, falls under a case where a statement of fact was made for the public interest, and thus the illegality is dismissed pursuant to Article 310 of the Criminal Act. The Defendant was the general official seal affixed on behalf of the E market Management Committee.
Even if it is true that the document was authorized, and there was no intention in the private document preparation, so the crime of forging and uttering of the private document is not established.
B. The lower court’s each sentence of unfair sentencing (the fine of two million won and the fine of one million won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each appeal case against each judgment of the court below was consolidated. Each of the offenses committed by the defendant in the judgment below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the trial. In this regard, each of the judgment of the court below is the same.