명예훼손
The prosecutor's appeal is dismissed.
1. The gist of the facts charged in the instant case is that: (a) the 14th president victim F of the Foundation, a foundation foundation, lawfully enacted the election regulations through the resolution of the Foundation Council after obtaining permission to amend the articles of incorporation from the Seoul Culture and Arts Department; and (b) the “Notice of Amendment to the E Articles of Incorporation,” which was issued to the G General Assembly and H branch president on March 10, 2010, did not constitute false fake documents; (c) the Defendant distributed to the G members number of G members at the post office located within the International University University, on October 23, 2011, with the approval of the amendment of the articles of incorporation on December 23, 2010, stating that “The election regulations (the largest number of votes obtained on the election of the 17th president) of the 14th president of the Foundation, who sent several minutes thickness with the name of the F president on March 23, 2010,” thereby openly pointing out that the above election regulations were false and damaged the reputation of the victim F.
2. The lower court’s judgment: (a) the Defendant’s statement to the effect that the provision on the decision on the election of a person with largest votes less than the majority of Article 17 of the Election Regulations did not obtain the approval of the G General Assembly; and (b) unilaterally favorable to the present president and thus null and void; (c) it is merely a critical opinion on the contents and validity of the above provision; (d) it is difficult to regard the Defendant as a statement of specific facts to the accused; even if the above election regulations were amended by lawful procedures, the above criticism is not prohibited; and (e) even if the Defendant used an inappropriate and exaggerated expression “false fake document”, such expression alone does not seem to constitute a content that may infringe on the social value or assessment of the accused; and (e)