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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of legal principles) falls under the expression of abstract judgment or anti-defensive appraisal that could undermine the social norms and thus, it constitutes an expression of the victim’s social evaluation beyond the degree of criticism that can be accepted in a level that does not violate the social norms and thus, the facts charged in the instant case are found guilty.
2. Determination
A. The summary of the facts charged in the instant case was set up by the Defendant on October 3, 2015 on the grounds that the victim D prepared to hold an extraordinary meeting for the redevelopment promotion at the office of the redevelopment and consolidation project association located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around October 19:00, the Defendant shall not be a person who used this kind of net damage if the victim d is able to use the victim’s “n'e n'e, n'e, n'e, n'e, n'e.e.,
person, on the face of entry, a false statement, a child himself/herself or herself
왜 동네주민들 남의 거까지 꿀꺽 할라고
The victim publicly insultingd the victim, stating "I Don,".
B. According to the evidence duly adopted and examined by the court below, it is recognized that the defendant and its members, including the defendant, made the same talk as the facts charged in the process of protesting against the victim at the office of the redevelopment and consolidation project association.
However, in full view of the following circumstances acknowledged by the above facts and evidence, namely, the Defendant’s speech appears to be a statement to the effect that the victim’s speech is false or does not seek to promote the redevelopment of the victim’s speech in the course of a conversation with the victim on the redevelopment of the redevelopment of the victim’s speech, as a whole, and the circumstances leading up to the Defendant’s statement, the place where the Defendant made the statement, the circumstances before and after the statement, and the meaning and overall context of the statement, etc., the Defendant’s statement may have led to an uncomfortable appraisal against the victim.