무고등
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (1) in U, AB, AD, BE, Z, and AI investigative agencies each statement, the facts revealed by Defendant A in the petition, etc. are recognized as false.
(2) Defendant A believed W’s statement without making efforts to verify whether each of the instant facts to U, AB, and AI, and actively spread false facts through posting a letter on Q Internet website or a press conference, etc. even after the victim’s complaint was raised and submitted to the Board of Audit and Inspection by reason of the decline in the promotion of fire fighting. It is recognized that the Defendants had dolusence on the purpose of defamation and the statement of false facts.
(3) Nevertheless, the court below acquitted the Defendants by misunderstanding the facts.
2. Judgment on the prosecutor's grounds for appeal
A. The summary of the instant facts charged is that Defendant A was dismissed from disciplinary action on December 23, 2012 due to the spread of false facts while serving as the head of the K headquarters from March 11, 201, and Defendant B served as a person in charge of fire-fighting administration with K headquarters and personnel affairs.
Defendant
A, after submitting a resignation statement on December 31, 2012 as of February 20, 2012, A, knowing that the class of L, M, and N head of the headquarters has been adjusted to a fire-fighting superintendent at the Fire-Fighting Forces due to the amendment of the relevant Act, and expected to be promoted by the Fire-Fighting Forces, and recovered the relevant resignation statement, but was found to have been dismissed from the promotion examination of the Fire-Fighting Captain on March 26, 2012. However, as a result of the announcement of the promotion examination of the Fire-Fighting Force on March 26, 2012, A was thought to have been dismissed from the promotion examination of the Fire-Fighting Senior, but continued to decline in the promotion examination of the Fire-Fighting Force, but the victim stated to the effect that the victim would put the victim into a letter of resignation, and submitted to the auditor of the Board of Audit and Inspection a false complaint to the victim through Defendant B, a subordinate employee, and submitted it to Q Internet.