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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor's office of the gist of the grounds for appeal, the lower court erred by misapprehending the fact that the Defendant was not guilty of the charges of this case and thereby adversely affecting the conclusion of the judgment, even though the Defendant sufficiently recognizes the fact that he distributed the printed matter
2. Determination
A. The lower court found the Defendant not guilty of the facts charged in the instant case on the grounds that it is insufficient to readily conclude that the Defendant distributed documents containing false facts to the effect that the Defendant prepared and distributed them was L and that he provided them only at the meeting place, and that each statement by the witness C and L also conforms to the Defendant’s assertion.
B. The burden of proof for the criminal facts prosecuted in the criminal trial for the judgment of the trial court is the prosecutor, and the conviction should be based on the evidence with probative value sufficient for the judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(2) In addition to the reasoning of innocence by the lower court, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court (see, e.g., Supreme Court Decision 2005Do4737, Feb. 24, 2006). In other words, the members’ meeting, which was held on January 25, 2012, was convened by L, and the temporary board of directors, convening body, and timing between July 12, 201 and July 13, 201, were different, and the Defendant’s defamation crime committed by July 12, 201 was committed as a witness of the lower court, and ② The document was presented as a witness of the lower court and stated that the document was prepared by himself/herself on July 27, 2011, as well as the content thereof, from July 12, 2011 to July 13, 2013.