Defendant

All appeals by prosecutors are dismissed.

1. The lower court found the Defendant guilty of defamation based on factual facts contained in the facts charged in this part of the instant charges, with respect to defamation by publicly alleging false facts on or around June 201 and around the date of wintering 2012.

Accordingly, only the defendant appealed against the aforementioned guilty portion as follows, and the prosecutor did not appeal against the acquittal portion of the reasons.

In such a case, according to the principle of non-guilty appeal, the part of acquittal on the ground is also judged in the trial together with the guilty part. However, the part of acquittal on the ground is already excluded from the object of attack and defense between the parties, and thus, this part cannot be judged again by the court.

(see Supreme Court Decision 2004Do5014, Oct. 28, 2004). Accordingly, the lower court’s conclusion with respect to the part not guilty for the above reasons is followed, and this Court does not decide separately.

2. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s assertion of misunderstanding of facts and misapprehension of legal principles did not state to G and M the same remarks as indicated on the crime No. 1(a) and the annexed crime list as indicated in the judgment of the court below, and even if the Defendant made a statement to the same effect as indicated on the crime in the judgment of the court below, considering the relationship between Defendant, G, M, and victims, since it refers to a specific person whose secrets are not guaranteed or likely to be disseminated, the crime of defamation is not established since it lacks public performance. 2) The sentence of the court below’s allegation of unfair sentencing (2 million won of fine) is too unreasonable.

B. According to the G G and R’s respective statements, among the facts of defamation around October 1, 2010, around April 201, around April 10, 201, around April 10, 2014, and around March 2013, each of the facts of defamation, for which there is credibility of a mistake of facts as to the acquittal part of the reasons, the Defendant’s defamation by a false statement is recognized.

Nevertheless, this part of the charges is charged.