협박등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (not guilty part and mistake of facts) is as follows: (a) despite the fact that the defendant was divorced by the victim, by informing the victims of the fact that the victim was divorced to the members of the workplace, the victim was found to be the father of the former husband of the victim, the court below acquitted the victim of defamation among the facts charged in this case; and (b) there is an error of law by misunderstanding
2. On June 20, 2013, around 14:40, the Defendant injured the victim’s reputation by openly pointing out facts by openly pointing out the fact that “the father of the former husband who was divorced in Korea C” was aware of the victim’s divorce in the E-middle School principal office where the victim works for the victim in Seo-gu Daejeon, Seo-gu, Daejeon.
3. Determination
A. The burden of proving the facts constituting an offense prosecuted in the relevant legal doctrine criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(See Supreme Court Decision 2008Do10096 Decided June 25, 2009, etc.). B.
In full view of the following facts and circumstances admitted by the court below as evidence duly adopted and examined, the court below's decision that acquitted the public prosecutor is just, and the prosecutor's assertion is without merit, since it is difficult to view this part of the facts charged to the extent that the evidence submitted by the public prosecutor alone does not have reasonable doubt.
1. This part of the facts charged submitted by the prosecutor is admitted as evidence of guilt.