명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal sent by the Defendant to the senior citizens is that the victim embezzled the fund “ beyond the purport that the actual use details of the senior citizens’ association fund and the entries in the disbursement resolution are different,” but it is not true, and the Defendant committed the instant crime with the purpose of slandering the victim even though it could have achieved the public interest by other methods, such as auditing agencies for the senior citizens’ association funds.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts or misapprehension of legal principles.
2. Determination
A. The lower court determined that ① the letters sent by the Defendant were arbitrarily used by the president of the senior citizens’ association and the general senior citizens’ association without the consent of the members.
(2) The defendant sent the above words to some members of senior citizens, including the general secretary of senior citizens' affairs, and ③ some of the part from the part sent by the defendant (the expenditure of the original 4-person 31,000 won) out of the part sent by the defendant to the senior citizens' members on December 1, 2014, the defendant appears to be "the disbursement of the original 4-person 31,000 won, the disbursement of the original 31,000 won, November 15, 190, the original 25,000 won, the general secretary 25,00 won, and the 16th of November 16, 190 to the members of the senior citizens' association." In light of the above contents, the defendant appears to be "the date of November 15 and November 16, 200" and "the date of November 16, 200."
The excessive corresponds, ④ the disbursement resolution, etc. are examined.