명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the victim was convicted of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; (b) the victim was involved in the status as a witness during the investigation and trial phase; (c) some of the facts charged against the victim was found not guilty; and (d) the court rendered a judgment of innocence; (b) the part of the facts charged was pronounced not guilty; (c) the part of the facts charged in the instant letter is false; (d) the part of the Defendant’s letter in light of the content and expression method of the Defendant’s letter is that “the Defendant sent the instant letter to the victim for the purpose of slandering the victim; and even if the content of the letter in this case is true, the Defendant’s failure to punish the Defendant is obviously contrary to justice and equity; and thus, (e) the lower court’s failure to recognize the offense of defamation under Article 307(1) of the Criminal Act by its authority is unlawful.
Nevertheless, the judgment of the court below that acquitted the defendant on the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant, from August 2014, 2014, is responsible for the president of the vagabonds C (hereinafter “U”) and the victim D is responsible for the director of the E clan of C (hereinafter “E clan”) from August 2002.
Notwithstanding the fact that the victim conspireds with F to raise funds of the clan and obtained unfair profits from the victim, the defendant, on August 17, 2015, agreed to give up about 10 billion won to some executives such as H's president, etc., and agreed to receive approximately 4 billion won (including land) by combining F and E with F's clan.