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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. The expression “a person who works for a third party on the part of a third party” as to the primary facts charged constitutes a specific fact that can prove the legitimacy thereof, and it is difficult to readily conclude the above expression as a subjective issue of value judgment. According to the evidence duly adopted and examined by the lower court, it constitutes a false fact that C destroyed the entrance door of a third party.
Furthermore, it is reasonable to view that the defendant had the purpose of slandering, and therefore, the primary charges of this case should be found guilty.
B. Even if the primary facts charged are not acknowledged as to the conjunctive facts charged, the expression “comprehion” is sufficiently expressed that there is a possibility of undermining the trust of others C and undermining the social evaluation, and the Defendant’s act does not meet the requirements for a justifiable act, and thus, the instant conjunctive facts charged should be found guilty.
2. The lower court, on the grounds indicated in its reasoning, acquitted all the primary charges and ancillary charges of the instant case. Examining the reasoning of the lower judgment in light of the records of the instant case, the lower court’s aforementioned determination is justifiable and did not seem to have been erroneous in matters of mistake of facts and misapprehension of legal principles as alleged by the prosecutor
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.