명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (legal scenario) is that there is a possibility to spread the Defendant’s submitting a preparatory document as stated in the facts charged (hereinafter “instant preparatory document”) to the court (hereinafter “instant act”) in light of the following: (a) there is no other possibility that the relevant party in the instant lawsuit (hereinafter “instant lawsuit”) is 11 persons; (b) it is difficult to view that the said 11 persons were in a special relationship with D; and (c) D is a witness who is not a party to the instant lawsuit; and (d) there was a fact that the Defendant was served with the preparatory document as the counter-party C, etc. in the instant lawsuit; and (b) it was possible to know that she was served with C, etc. through the court; and (c) the Defendant was also aware of the fact that she did not do so; (d) on different premise, the lower court acquitted the Defendant on the facts charged of this case
2. Determination
A. On April 26, 2012, the summary of the facts charged in the instant case submitted a preparatory document to the Chuncheon District Court in Youngcheon-gu, Young-gu, Young-gu, Young-gu, Gangwon-do, to the effect that “The defendant, on April 26, 2012, the defendant escaped from the operation of his wrong prosperity, and did not have been formed by the E market Association,” and the above court received the preparatory document to the effect that “The defendant, on the case of the above court 2012Kadan1233, which filed against the defendant, filed a claim for compensation payment as a witness by the designated party C, and thereby resisting it, the plaintiff’s reputation was damaged by openly pointing out the facts by allowing the plaintiff’s perusal.”
B. The lower court determined that C et al. brought the instant lawsuit against the Defendant.