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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows. Since the contents indicated on each banner of this case are false facts against the victim, the judgment of the court below which acquitted each of the facts charged of this case on the grounds that the above contents are not a statement of fact but a statement of fact, but a mere statement of opinion is merely an expression of opinion
2. Determination
A. The lower court determined that each of the instant facts charged against the Defendant constitutes a case where there is no proof of a crime and thereby acquitted.
1) In the crime of defamation, a statement of fact is a concept substituted by an expression of opinion the content of which is a value judgment or evaluation, and the content of the statement refers to a report or statement of specific past or current facts, which can be proved by evidence. Whether the report or statement is a fact or an opinion is recognizable, the determination should be made by taking into account the ordinary meaning and usage of the language, the possibility of proof, the context in which the speech in question is used, the context in which the expression in question is used, and the social situation in which the expression is used, etc. (see Supreme Court Decision 2010Do17237, Sept. 2, 201).
“” is:
We examine whether the above banner is a statement of fact or not, the above contents were concluded as an expression expressing the argument that the above contents are "detailed", and the word "carbon pressure" is also an expression that has relatively fall short of the expression that "influences the working conditions" and is more abstract than the expression that "influences the working conditions," and it is an expression that is more abstract and abstract, the Democratic Nowon-gu General Branch H branch in the area of the Daejeon Special Metropolitan Transport Management and Support for Workers listed on banner is related to the above non-regular workers, and the above banner was affiliated with the entrance of H construction. Therefore, the above person sees the banner.