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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as the representative of the Dong-gu, Busan (hereinafter “the apartment of this case”) 403 Dong-gu, Busan (hereinafter “the apartment of this case”), created an incentive and attached it on the bulletin board to correct the corruption of D, the chairman of the council of occupants’ representatives of the apartment of this case
However, there is no cooperation among occupants, and there is no evidence that the content of the above inducement is true.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it can be sufficiently recognized that the defendant has damaged the reputation of the victim D by openly pointing out false facts as in the facts charged in this case.
Therefore, the defendant's assertion of mistake is not accepted.
B. The Defendant’s judgment on the assertion of unfair sentencing is an old age as a 1939 student, suffering from the third degree disability of the brain disease, and the Defendant appears to have economic difficulty as a basic recipient.
However, the defendant denied the crime of this case and did not properly reflect his mistake. In particular, the defendant damaged the reputation of the head of the apartment management office at the time when pointing out false facts in around 2003, which was prior to the crime of this case, and in around 2012, there was a history of punishment of the representative of the occupants of this case and the representative of the Dong at the time when pointing out false facts, and even though there was two times or more, he again committed the same kind of crime without being aware of it, so there is a need to punish the defendant more strictly, and the victim still remains the victim.