정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecutor's appeal is dismissed.
1. According to each evidence of the grounds for appeal, although the court below found the defendant guilty, the court below erred by misunderstanding of facts or misunderstanding of legal principles, since it found the defendant not guilty, by posting a statement to the effect that "the victim C embezzleds money equivalent to transportation cost, in the position of the head of the association as an agent," and by publicly alleging false facts.
2. Determination
A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). B.
Based on these legal principles, the court below found the defendant not guilty on the ground that it is difficult to view that the defendant's statement was false at the time of posting the same article as the facts charged, even though C does not embezzled the meeting attendance allowance, considering the content, method of expression, the scope of the publishing party, the degree of defamation and protection value of the victim, and the situation after the posting of this case, etc., the defendant's major motive or purpose of writing as mentioned above is for public interest, and it is difficult to view that there was a purpose to defame the defendant. Considering the above judgment of the court below in comparison with the records, the court below's decision is just, and it is erroneous, and it is erroneous in the misapprehension of legal principles or misapprehension of legal principles.