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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor of facts-finding, all of the facts charged in this case can be found guilty, but the court below found the defendant guilty as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) among the facts charged in this case on the ground that the defendant's major motive or purpose appears to be for the public interest, and the personal purpose or motive is incidental, and it is difficult to deem that there is a purpose of defamation.
B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too uneased and unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the evidence that there is a criminal fact in the criminal procedure shall be presented by the prosecutor. Even if the defendant's indictment is unreasonable and the defendant's indictment is false, it cannot be disadvantageous to the defendant. The proof of criminal facts must have a judge have high probability to recognize high probability to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, it is doubtful that the defendant is guilty.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the above legal principles and records, the court below's decision that acquitted the defendant of this part of the facts charged is just and there is no additional evidence to reverse the above judgment of the court below. Thus, the prosecutor's above assertion is without merit. Thus, the court below's decision that acquitted the defendant of this part of the facts charged is just and there is no additional evidence to reverse the judgment of the court below.
B. As to the assertion of unfair sentencing, the Defendant is an initial offender without criminal punishment, and the motive and background leading the Defendant to the instant crime, and follow-up to the crime.