공공단체등위탁선거에관한법률위반
The prosecutor's appeal is dismissed.
1. The court below acquitted the Defendant of the charges of this case, although the content of the text message sent by the Defendant is false and the Defendant is aware that it is false, and the Defendant sent the above text message to its members for the purpose of preventing him from being elected in the election of the president of the FFF agricultural cooperative, G, the counterpart candidate, from winning that it is not guilty of the facts charged. The judgment of the court below erred
2. Examining the evidence of this case in detail in light of the records, the court below is justified in finding that the content of the text message sent by the defendant alone with the evidence submitted by the prosecutor for the reasons stated in its holding is insufficient to recognize it as false, and there is no other evidence to acknowledge it as otherwise. Rather, the defendant's suspicion raising of suspicion constitutes a case where there is a considerable reason to believe that the suspicion is true, and there is no error of misconception of facts as argued by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.