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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the summary of the grounds for appeal, the defendant may be acknowledged to have posted the same article as that stated in the facts charged in this case for the purpose of slandering the victim. Thus, the court below's decision that the defendant's act was dismissed by Article 310 of the Criminal Act is erroneous in
2. Determination
A. The summary of the facts charged in the instant case is a person who operates a licensed real estate agent D in Jeju City C.
Around September 5, 2015, the Defendant had access to E NAV (300 members; hereinafter “the instant BV”) from Jeju Won, and posted a written notice on the BV bulletin stating that “I had no registration, qualification, etc., as referred to in the representative association of several practicing licensed real estate agents, which are printed by the victim F. In addition, I had no photograph of the victim F. I have no choice but to say that I had no choice but to say that I had no choice but to say that I had no brokerage assistant. I had no choice but to say that I had entered into a contract on the HV in the representative association of the group of practicing licensed real estate agents. I had no choice but to say that I had no choice but to say that I had no choice but to say that I had no more than 300 customers who had been advertised and brided.”
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.
B. According to the evidence adopted and examined by the court of the court below, the defendant's act of impairing the reputation of the victim is acknowledged by posting the same article as the date and place stated in the facts charged in the instant case on the Doard bulletin board. In this regard, the defendant and the defense counsel asserted that the illegality should be excluded pursuant to Article 310 of the Criminal Act because the writing posted by the defendant is true and solely for the public interest.