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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the following circumstances, the gist of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) can be acknowledged that the Defendant’s statement (hereinafter “the instant statement”) as stated in the facts charged of this case has a public performance. Therefore, the judgment of the court below that acquitted the facts charged of this case on a different premise is erroneous in the misapprehension of legal principles and misapprehension of legal principles.
A. A. Around August 2016, the Defendant was convicted of the Defendant on the ground that “Around August 2016, the Defendant read to the effect that “A person who filed a complaint and G is in in incompetious relationship, and has any evidence” (hereinafter “related case”). At the time of the Defendant’s statement, there was a novel that “a person who filed a complaint and G is in in incompetious relationship with the Defendant,” and the Defendant made a statement as described in the facts charged in the instant case in the course of dialogue with the Defendant in order to verify the authenticity of the instant lawsuit.
B. At the time D’s hearing of the instant statement from the Defendant, it is difficult to view that the accusation against the complainant was a relationship to the extent that it would not be transferred to others, and D testified to the effect that “it was a fact that there was a conversation with L, T, etc. on the relationship between the complainant and the complainant.”
(c)
D In the process of confirming the question about the complainant, there is a possibility that the words related to the truth have been made to the neighbors.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant: (a) at the C Association office located in Thai-gun, Thai-gun, Thai-gun on November 2, 2016, D, as the Defendant’s husband, who was her husband, was easy to see and enter this system; and (b) in the shape of her f’s f’s f’s f’s f’s f’s f’s f’
Magresponding on the gresponding, but in one shape
Dow, Doz. (hereinafter referred to as "comfort").