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All of the appeals by prosecutors are dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the victim did not report the Defendant A’s act to view the door light viewing and the public official in charge of viewing the door light viewing did not go through a clear confirmation procedure even though the Defendants told the Defendants to the same purport, and the Defendants expressed false facts to the Dong residents who reported the victim, and that the Defendants had the intent to make the victim a crime of spreading.
Therefore, the Defendants should be deemed to be guilty of defamation. The judgment below erred by misapprehending the legal principles or not guilty of the facts charged against the Defendants.
2. The crime of defamation requires a statement of facts in order to establish the crime of defamation, and the alleged facts should thereby lead to the possibility of infringing on the social value or assessment of a specific person. Even if a false statement of facts was made, if the false facts may not infringe on the social value or assessment of a specific person, then the crime of defamation under Article 307 of the Criminal Act is not established (see Supreme Court Decision 2004Do4573, Jun. 15, 2007). On the other hand, if a person considers an offense as a crime, he/she may file a complaint if he/she is aware of the fact that the accusation was filed, and thus, it cannot be said that there is a possibility of infringing on the social value or assessment of the complainant by itself, and the motive or circumstance of the accusation is inconsistent.
In the event that the circumstances such as the absence or absence of hotness are known together, there is a possibility that the honor of the complainant may be infringed.
(see, e.g., Supreme Court Decision 93Do696, Jun. 28, 1994). Whether the crime of defamation of false facts is established against the Defendants pursuant to the aforementioned legal doctrine.
The victim's written statement of the police or the accused's interrogation protocol of the police.