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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (based on factual errors, misunderstanding of legal principles) in the notice of this case, the Defendant used words, such as “hymmetric, lowest culture and obscenity,” with respect to the victim’s sexual identity,” and such malicious expressions are not necessarily necessary to reveal critical positions on E. As such, it is difficult to view the Defendant’s major motive or purpose to be for public interest.
Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the facts which found the defendant not guilty.
2. Determination
A. The lower court determined that the evidence submitted by the prosecutor alone was insufficient to recognize that there was a purpose of slandering the victim, considering the motive for the Defendant to post a notice, the content and method of expression of the instant notice, the character and scope of personal data of the group room where the writing was posted, and the degree of infringement of the victim’s reputation, and found the Defendant not guilty of the facts charged in the instant case.
B. In full view of the following circumstances, the lower court’s determination is justifiable in light of the evidence duly admitted and investigated by the lower court, and there is no error of law by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
① The time when the victim written the instant notice was written is around November 2018. Around February 2018, the victim solicited the victim to participate in the AO opened at the NN University via his/her own Facebook and recommended the victim to appear before the panel. On March 2018, the AP organization website, which acted, published the content of the interview with the victim that the victim adapts to E-related relations.
(Investigation Records 129, 132 pages). As such, the victim has already formed a E-related relationship before preparing the instant notice.