정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal, the content of each of the facts charged in the instant case is false and there is a purpose of slandering the Defendant.
As such, the judgment of the court below which judged otherwise is erroneous in the misapprehension of facts.
Judgment
A. The lower court rendered a not guilty verdict on each of the facts charged of this case for the following reasons.
1) According to the petition of accusation, etc. as to defamation, the fact that the Defendant distributed printed materials containing the same content as the facts charged to the members at the ordinary meeting of the Ccheon District Branch (hereinafter “instant branch”) of Ccheon District Office (hereinafter “instant branch”) is recognized.
However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone was intentional to indicate false facts or to impair the honor of the victim.
There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
① According to the bylaws of the instant branch, the instant branch has ten subcommittees, such as Korean paintings and Seoyang, and each subcommittee chairperson shall be directors of the instant branch. According to the I operating rules, the head of the instant branch shall be the head of the Games, and the head of the Games branch shall be appointed from 3 to 7 members in each sector after consultation with each subcommittee and directors of the instant branch. The head of the site of the instant branch shall be appointed from 3 to 7 members on the daily basis, and the head of the site of the instant branch shall be appointed from 3 to 7 members in each sector, and the examination committee shall be appointed from 3 to 7 members in each sector, and the chairperson shall be commissioned from 1 and 2 members in each sector, and the chairperson shall be commissioned from 1 and 2 members in each sector, and the annual operating committee may recommend the examination committee separately.
② However, the head of the instant branch and the victim, who is the head of the instant branch, are arbitrarily the defendants recommended as examiners, who are the head of the site of the instant branch and the head of the I’s affiliated management committee.