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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal may be presumed to be a purpose of slandering if the Defendant posted a false statement on the Internet camera, and a false statement on a false fact is made.
Nevertheless, the court below did not determine whether the comments posted were false or not, but sentenced not guilty.
This is because the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.
2. Determination
A. On December 2, 2010, the Defendant: (a) around 01:16, at the office of the Defendant’s house, the G Apartment 108 Dong 1801, and the victim Co., Ltd.; (b) held that, for the purpose of slandering the victim Co., Ltd., the Defendant posted a letter of “The rights and interests of the rights of the rights of the rights of the rights and interests of the rights of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the rights and interests of the members at any risk; (c) was extracted by lot from among the applicants for the management rights and interests of the golf course F and the rights and interests of the rights and interests of the rights and interests of the members.”
However, in fact, at around 11:00 on May 25, 2010, the victim's operating members were first notified by mail or Sms to the members, elected by lot at the open space of the second large conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference conference.
Nevertheless, the defendant, as if the victim were a non- moral company to be elected unfairly by non-disclosure, posts the above contents on the Internet bulletin board, thereby openly pointing out false facts through information and communications networks.