명예훼손
The prosecutor's appeal is dismissed.
1. Although the gist of the grounds for appeal had the awareness of falsity to the defendant, and the remarks stated in the facts charged of this case had the physical strength to the extent of infringing on the victim's social value ratings, the court below erred by misapprehending the legal principles by judged the not guilty of the facts charged of this case.
2. The decision of the court below is that "I am love and do so" as stated in the facts charged of this case, and I am special.
“The part stating that it was “” is in fact a false straw.
h. He speaked that he will love and that he will do so in the following. The Defendant “Along with his intention in the width” as stated in the facts charged in the instant case.
“In the course of a direct and conclusive dispute with a third party, rather than a direct and conclusive expression, it is assumed that the injured party had the intention in her age in the course of a telephone call with a third party or a dispute with a third party, the part “i.e., making a per love and doing so subsequent to that,” stating that the content of the “convening the victim’s social value or evaluation to the extent that the victim’s social value or evaluation may be infringed.”
It is difficult to see that the statement to the effect that he/she had expressed his/her will in age constitutes a content that may infringe on the social value or evaluation of the victim, and ③ the evidence submitted by the prosecutor alone determined that it is insufficient to recognize that the defendant was aware that the statement was false.
According to the evidence duly adopted and examined by the court below, the above judgment of the court below is justified.
In particular, when examining the overall context of a composition acknowledged by evidence, the defendant tried to emphasize that the victim denies the entry of the victim with K, but rather makes the defendant a false statement.