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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal - misunderstanding of facts and misapprehension of legal principles - The victim of the crime of public conflict in this case is not “F”, but “H” and thus, “F” does not affect the establishment of the crime of public conflict, and the Defendant showed an attitude to publish an article to the effect that the instant construction work is problematic if the advertisement is not entered. In light of the above, it is reasonable to view that the Defendant’s act constitutes a crime of public conflict.
Nevertheless, the court below found the defendant not guilty, and there is an error of law that affected the conclusion of the judgment due to misunderstanding of facts and misunderstanding of legal principles.
2. Determination
A. The summary of the facts charged of this case is as follows, which the court below acquitted the defendant of the charge of this case.
The defendant is the representative director of Internet newspaper D who has jurisdiction over the Chungcheongbuk and Sejong area and is in charge of the operation of newspaper company.
On April 2014, the Defendant stated to the effect that, at the office of the elderly citizens and the office of the Cheongju-si, a senior citizen with disabilities and the office of the Cheongju-si, a senior citizen with disabilities and the office of the Cheongju-si, a public official in charge of the supervision of the Cheongju-si, who is a public official in charge of the management of the Cheongju-si, “E”, “the noise level is too serious due to the construction site, and due to the construction-related ready-mixed vehicle, it is too high to the bereaved family members who are unable to attend, and there is a lot of civil petitions.” However, if the company’s situation makes it difficult to say that the money and valuables are demanded as advertising expenses, the Defendant took the same attitude that the above construction site be treated as news articles, and the content of the Cheongju-si, a Cheong-si, a public official in charge of supervision and supervision, etc., was delivered to the victim H2 through the head of the above Y.