명예훼손등
The prosecutor's appeal is dismissed.
1. As to the point of defamation caused by a false statement in the gist of the grounds for appeal, and interference with business affairs, in light of the contents and the situation at the time of the Defendant’s statement, the Defendant did not have any circumstances to indicate or suggest that a female student, who was named by the Defendant, was P. Therefore, the Defendant’s statement that the female student, who was a female student, referred P, referred the Defendant as a female student, is false and the content of
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.
2. The court below found the defendant not guilty on the grounds that the facts alleged or circulated by the defendant cannot be viewed as false on the grounds as stated in its reasoning based on the evidence duly adopted and investigated by the court below concerning the issue of defamation caused by the statement of false facts among the facts charged in this case and obstruction of business. Thus, the court below's aforementioned decision is acceptable in light of a thorough comparison of the records in this case and the reasoning of the court below's decision, and there is no error of mistake of facts even after examining the grounds for appeal by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.