명예훼손
The prosecutor's appeal is dismissed.
1. In full view of the gist of the grounds for appeal, the fact that the Defendant prepared and distributed printed materials as stated in the facts charged of the instant case can be acknowledged.
2. Summary of the facts charged in this case and the judgment of the court below
A. The Defendant is the tenant of the “EF” operated by the victim C in Dongdaemun-gu Seoul, Seoul, and the victim F is the former husband of the victim C, who manages the said female on behalf of the victim C.
1) On April 2012, the Defendant: (a) in Felman E above E, without having been declared bankrupt by the victim C; (b) stated the false fact in the title “A4,” “A4,” and “C was distributed to seven female tenants, who are well aware of the impossibility of performing the act of leasing the building.” (c) On April 29, 2012, the Defendant, around 14:00, did not lead the victims to disguised divorce or false declaration of bankruptcy; and (d) stated that “A4, despite the absence of the fact that the victims were not subject to disguised divorce or disguised declaration of bankruptcy,” and “A4, the owner of the building C and F were subject to disguised divorce for the purpose of evading debt repayment, who was declared bankrupt, and distributed the false fact to the victims for 100 million won of unjust enrichment, clearly stating that “The victims were subject to false and unjust enrichment for 100 million won of each month.”
B. The judgment of the court below is based on the following circumstances, which are acknowledged by the above evidence and the I’s legal statement, although each of the statements in F, C’s police and court room and each of the following items are stated in F, C’s respective statements and “the thickness of tenants” as evidence consistent with the facts charged in the instant case.