명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal shows that the victim has the grounds for disqualification as a representative member candidate of the instant case, and the same group text as indicated in the facts charged was sent, and the important part of the group text is false that is not consistent with objective facts.
Nevertheless, the court below acquitted the charged facts of this case, and there is an error of law by misunderstanding the facts and affecting the conclusion.
2. The lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to view the content of the collective text sent by the Defendant as false facts in its detailed reasoning for determination.
Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err by misapprehending the legal principles as alleged by the prosecutor in the judgment below which acquitted the public prosecutor of the facts charged of this case.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.