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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. In full view of the summary of the grounds of appeal by the Defendants, the contents of the Defendants’ statements, and the statements by witnesses, it is reasonable to deem that there is no rumor of will that the victim received money from the executor against the Defendants, and the judgment of the court below which acquitted the Defendants of the facts charged in this case, even though it can be sufficiently recognized that the Defendants infringed the honor of the victim by pointing out false facts
2. Determination
A. Around April 9, 2016, the Defendants made an appeal stating that, at the F Office of Defendant B’s operation of the D Religious Organization E branch in Ulsan-gu, Ulsan-gu, Defendant B, he/she would be denied that he/she did not directly spread (which includes several persons of testimony) and did not speak even if he/she received KRW 3 million from the redevelopment executor, using a computer located therein. The Defendants distributed to the persons who were located in the first floor of the Ed Religious Organization Edic Association on April 11, 2016.
However, there was no fact that the victim G spreads the phrase “the victim G received money of KRW 3 million from the redevelopment executor.”
As a result, the Defendants conspired to make a false representation in public, thereby impairing the honor of the victim.
B. Specific determination 1) In a criminal trial, criminal facts ought to be recognized as a strict evidence that has probative value to the extent that a judge has no reasonable doubt. Thus, in a case where a prosecutor fails to prove to the extent that he/she has a sufficient conviction, even if there are circumstances, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, and the suspicion of guilt is doubtful, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012) and evidence duly adopted and examined in the lower court and the trial.