The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor for violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation), the court below acquitted the Defendant of this part of the facts charged, although recognizing that the Defendant was a false fact for the purpose of slandering the victim, and could sufficiently recognize the fact that the Defendant made a false statement of false facts as stated in the facts charged, or sent text messages indicating facts for the purpose of slandering the victim, and thus, found the Defendant guilty of this part of the facts charged.

B. Comprehensively taking account of the evidence submitted by the Prosecutor (2016 Go-man 1747 case A), the expressions used by the Defendant constituted a constituent element of the offense of insult, and its illegality may be sufficiently recognized. However, the lower court acquitted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2. Determination

A. The summary of the facts charged in the instant case [2016 high 591] The Defendant is the head of the K Apartment Housing Reconstruction and Improvement Project Association (L apartment), the victim F ( South and 59 years old) as the head of the K Apartment Housing Reconstruction and Improvement Project Association.

The Defendant is willing to dismiss the damage, who is the president of K Apartment Housing Reconstruction Project Association, from the office of the president of the Association, by obtaining the non-Confidence from its members;

A. Notwithstanding the absence of any manipulation by the injured party in the deposit with the G branch of the foreign exchange bank in a place where it is impossible to identify the place around 10:03 on July 25, 2015, the issue of “interest, first of all, is the F. of the interest.”

To impair the honor of the victim by transmitting to an unspecified number of unspecified members a text message containing "a statement of the relevant agreement and a warning of the possibility of the accomplice";

B. On July 27, 2015, at a place where it is impossible to identify the warning place, the injured person is related to the interest of the relocation.