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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
Summary of Prosecutor's Grounds for Appeal
A. In light of the fact that F filed a complaint against the Defendants’ victim E by indecent act by compulsion, but the prosecution took a disposition without suspicion, F was convicted of a false accusation due to the above accusation, and F stated that E did not commit an indecent act against himself/herself at an investigative agency, there was no fact that E committed indecent act on January 28, 2016 and March 31, 2016.
The Defendants, despite being aware of this, made a false public notice to the effect that E had indecent act by compulsion, and attached it on the bulletin board of each apartment unit or put it into each occupant's household, and publicly stated false facts.
Nevertheless, the judgment of the court below which acquitted the defendants of this part of the facts charged on the ground that "the facts alleged by the defendants are false or the defendants are insufficient to recognize that the facts alleged by the defendants are false or false."
B. As to the Defendants’ defamation by publicly alleging false facts about the victim H, it did not constitute a crime of occupational breach of trust since the victim H discovered part of the Defendants’ act of corruption and filed a complaint against the Defendants without any evidence. However, the Defendants used the expression “in collusion with the head of autonomous council, the representative of the Dong, and the head of the management office to conclude that there was any monetary transaction with the business entity.” Although it is sufficient for the Defendants to enter only the details that the Defendants did not have any crime, it refers to the victim H, and “an act of treating a person without any crime as a crime of defamation,” and “an act constitutes “an act of treating a person without any crime of defamation” as a crime of defamation.
The facts charged are reasonable to deem that the Defendants did not merely state their personal opinions or evaluations against the victim, but rather publicly indicate the facts.
Nevertheless, this part of the facts charged is acquitted.