명예훼손
The prosecutor's appeal is dismissed.
1. The Defendant’s remarks in the facts charged of the instant case are the main contents of the victim’s abstract judgment or light-satisfy appraisal, and the broadcast device used by the Defendant at the time was output to the extent that the Defendant’s remarks are delivered to the company’s building. In light of the following, the Defendant’s act satisfies the requirements for political act.
shall not be deemed to exist.
However, the court below rendered a not-guilty verdict on the facts charged in this case on the ground that the Defendant’s remarks at the time did not violate the social norms. In so doing, the court below erred by misapprehending the facts, and by misapprehending the legal principles on legitimate acts.
2. Determination
A. According to the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged in this case on the ground that the Defendant’s remarks at the time of the Defendant was not contrary to social norms, in light of the background, place, object, contents and context of the remarks, the relationship between the Defendant and the victims, etc., although it is acknowledged that the Defendant made a statement identical to the facts charged in this case.
B. Examining the evidence duly adopted and examined by the court below in comparison with the evidence, the above judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.