명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant's words "brept" that the defendant made against the victim refers to an inappropriate relationship with the victim, and that the phrase "the victim went to the victim with 300 million won" is understood as if the victim paid the above money for his personal interest, and thus the defendant has openly damaged the honor of the victim, but the court below acquitted the defendant, and there is an error of misunderstanding of facts and misunderstanding of legal principles.
2. The summary of the facts charged is that the Defendant is engaged in agriculture in Yangsan-si, and the victim D is a person who had a general duty in the nearby temple “E”.
On January 10, 2013, the Defendant, at the restaurant of “F” located in the above C, destroyed the reputation of the victim by openly pointing out the facts to the effect that “The victim and E had sold the brick brick brick brick brick brick 20 members, and the victim left the brick 300 million won out of the brick 800 million won.”
3. The lower court’s determination should be based on the specific facts that could infringe on the victim’s social value or evaluation in order to establish a crime of defamation. Whether a certain expression constitutes defamation should be determined by objective evaluation in accordance with the social norms of the expression.
(2) According to the witness G’s legal statement and evidence submitted by the prosecutor, according to the witness G’s legal statement and evidence submitted by the prosecutor, the fact that the Defendant made the statement to the same effect as the facts charged is acknowledged.
However, the purport of the above statement is to "E was sold for KRW 80 million, the victim had attempted to engage in any activity related to the sale and purchase, and among which 300 million won was brought to the victim," and according to the record and witness D's legal statement, the victim actually saw it as the general affairs of E.