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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (definite or misunderstanding of legal principles) stated the victim's non-finite, women's assault against the victim, and the personal personal information, such as gambling and gambling habits, and made defamation using the book "E" (hereinafter referred to as "the publication of this case"). Even if such expression is not made, it would be possible for the victim to inform the defendant that the content of the letter dated November 10, 2007 (hereinafter referred to as "the letter of this case") prepared in the form of sending it to the Daejeon prison would not be true, and the purpose of defamation is recognized. However, the judgment of the court below which acquitted the defendant of the facts of this case is erroneous in misunderstanding of facts or misunderstanding of legal principles.
2. Determination:
A. The summary of the facts charged is that the Defendant, from October 24, 2006 to October 24, 2007, had been living together with the victim B in the U.S. L.A. federal detention center. After entering the Republic of Korea, the Defendant filed a complaint against the victim and his/her habitats by defamation, etc. regarding the so-called “C”.