The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant stated the following facts: (a) in light of the fact that the Defendant, other than D, stated as D’s imprisonment or parents by one day before D’s imprisonment or parents, and that the amount of funeral expenses is increased, the Defendant’s alleged fact constitutes false facts.

The primary purpose of the defendant was in legal dispute.

D It is intended to slander D.

The judgment of the court below which acquitted on the ground that the illegality of Article 310 of the Criminal Code is the ground for dismissal of illegality is erroneous.

2. Facts charged;

A. On March 17, 2014, the Defendant’s office located in the Sinju-si, the Defendant did not accurately confirm that he received money from the clan or sold the rice and the land of the clan. Notwithstanding that he did not claim KRW 4-500 million from the clan as the funeral expenses, the Defendant seems to be obvious if he sells the money of the clan and the rice and the land before the worship, even though he did not demand the clan to pay KRW 4-500 million.

In addition, when it comes to know of it, 4-500 million won is claimed at the expense of the cemetery.

“.....”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. On July 18, 2014, the Defendant did not receive money from a clan in his office located in the Sinju-si around July 18, 2014, and the fact in the family account book that anyone can see, notwithstanding the fact that the victim D received money from the clan, the Defendant “in the old clan, the Defendant made a complaint with D upon complaint, with the money given

However, the era has changed.

“.....”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

3. Determination

A. Facts of recognition 1) H clans (hereinafter “the clan of this case”) are the clans of which the net W is a common vessel.

The Defendant and D shall be the members of the clan of this case, and the family relationship shall be as follows:

2) The details of the registration concerning X-22,711 square meters of forest land in Gongju-si (hereinafter “instant land”) are as follows.