명예훼손
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that the Defendant’s statement of the fact that the victims were subject to criminal punishment falls under the confidential sphere of an individual, and that the Defendant’s arbitrary disclosure of criminal punishment by stating the details of the victims’ criminal punishment without the resolution of the board of directors’ meeting is the key motive to criticize the victims and it is difficult to view that the illegality of the defamation of this case is for public interest.
I would like to say.
However, the court below found the defendant not guilty of the facts charged in this case on the ground that the facts alleged by the defendant are true or that there are reasonable grounds to believe that the defendant is true, and that the defendant's act for the public interest constitutes an act for the purpose of the public interest. Thus, the court below erred by misapprehending the legal principles as to the grounds for excluding
2. On the grounds stated in its reasoning, the lower court acquitted the Defendant of the instant charges on the ground that each act of the Defendant stated in the facts charged is deemed unlawful as an act for the public interest of the clan.
In full view of the circumstances found by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.
3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.