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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence of the grounds of appeal, the judgment of the court below which acquitted the defendant of the facts charged of this case, even though the defendant posted false articles with the intent to defame the victim as stated in the facts charged, and thereby acquitted the victim of this case.
2. Determination
A. The Defendant in the facts charged of the instant case is a person who, with the help of those who are dissatisfied with the victim D, set up a “F newspaper” in South South and North E around December 2015 to create a negative public opinion against the victim, such as preparing and distributing articles that slander the victim with the help of those who are dissatisfied with the present C head of the instant Si/Gun, and takes charge of the overall management of news gathering, editing, operation, etc. on the hand of the said newspaper company.
1) On January 31, 2016, the Defendant drafted a false article stating that “G creation plan is not based on a mid- and long-term development plan, but rather on a plan (plan) plan (plan), and that “G development plan was accepted and complied with by the Gun without going through a certain public opinion without going through a certain public opinion.”
However, in fact, it is difficult to view the project as being promoted in accordance with the implementation plan for the creation of general industrial complex in the surrounding area of the Gwangju Metropolitan City of Gwangju Metropolitan City, the surrounding area of the Seoul Metropolitan City on March 2010, and it was promoted through the process of public debate, such as holding resident briefing sessions on two occasions around December 201, against the residents of the development area and the general public.
Nevertheless, the Defendant, without reporting and verifying the above facts, posted the article on Jan. 31, 2016, on Jan. 31, 2016, on F newspaper No. 2-8, distributed 5,000 copies of F newspaper to C military units.
Accordingly, the defendant is going through a newspaper for the purpose of slandering the victim.