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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the Prosecutor as to the gist of the grounds for appeal, the fact of defamation is sufficiently proven in each of the false facts or factual facts in the instant case No. 2016 and No. 2461, and the Defendants’ respective actions cannot be deemed to be for the public interest.
Nevertheless, the lower court rendered a not-guilty verdict on each of the facts charged of defamation of this case. The lower court erred by misapprehending the facts.
2. The lower court found the Defendant not guilty of each of the facts charged of defamation of this case, while sufficiently explaining the grounds for the determination of each of the facts charged of defamation of this case from the 5th page 2 to 7th page 17.
Examining the evidence duly adopted and examined by the court below in light of the record, the evidence produced by the prosecutor alone proves that the defendant A and B had intention to indicate false facts without any reasonable doubt.
It is insufficient to see that there is no other evidence to acknowledge it, and rather, the above Defendants seems to have a considerable reason to believe that their alleged facts are true.
B. In addition to the progress of the civil case related to the circumstances described in the lower court’s reasoning (R (KN) filed an application against the Defendants and S for the disposal of the gold price, including defamation, as the court 2015Kahap 10261, but this court decided to dismiss the application on November 25, 2015), it is determined that the distribution of the newsletter by the Defendants, as described in each of the facts charged, for the public interest as the purification of the Buddhist species, the primary motive and purpose of distribution of the newsletter is to prevent its illegality.
Therefore, the judgment of the court below to the same purport is just, and the judgment of the court below is not erroneous as it is alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.