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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal of this case, when considering the circumstances leading up to each of the crimes of this case, the contents of the comments, the status of the victim, etc., the court below erred by misapprehending the legal principles and misunderstanding the facts, although the defendants, by publicly alleging facts with the intent to slander the victim who is a candidate for the president of the Saemaul Bank or not to be elected as an executive of the above Saemaul Bank, thereby impairing the honor of the victim and fully recognizing the violation of the Saemaul Bank senior law.
2. Determination
A. The summary of the facts charged in the instant case is Defendant A, from March 2007, serving as the president of the F Saemaul Bank from around 2007, and Defendant B, from around 2011, served as the above director of the F Saemaul Bank.
1) Defendant A’s joint crime committed on January 30, 2015 (hereinafter “Defendant A”) was a candidate for the election of the president of the FF Saemaul Undong Federation that was implemented on January 30, 2015, and the victim G was also a candidate
However, the Defendants, even though the victim did not graduate from H University in the election of directors of the above Saemaul Treasury in around 2007, stated that the Defendant submitted a resume stating that he graduated from H University with a certificate of graduation from the above university, and asked the victim not to be elected as the chief executive officer of the credit cooperative, and expressed that he would spread this online on-line, thereby slandering the victim so that he could not be elected as the chief executive officer of the credit cooperative.
The Defendants, at the F Saemaul Treasury office located in Ulsan Island around January 23, 2015, at the office of Fransan, Defendant A’s own mobile phone to Defendant B, Defendant B, and Defendant B, from among the Roster Roster installed in Defendant A’s mobile phone, access to the Roster set up by the National Assembly member Labor Council among the Round, and the title “K” on the “L” bulletin board, prepared by the above Defendants, “If the candidate has moral problems, he shall be liable for his response and resign.”
Important academic background
One of them graduated from the school that did not graduate.