The prosecutor's appeal is dismissed.

According to the evidence submitted by the Prosecutor, the lower court found the Defendant guilty of the facts charged in the instant case, but found the Defendant guilty.

Judgment

The summary of the facts charged is that the Defendant sent the Kakao Stockholm text message to E, a member of the above gathering, “F (victim) files a complaint against embezzlement of public funds” on December 30, 2014, although the victim D, an operator of the “C” (hereinafter “C”), following the Internet (hereinafter “the victim”), has not embezzled membership fees, the Defendant: on December 30, 2014; on the same day, he sent the Kakao Stockholm text message to G, a member of the above gathering; and on around 20:00 on the same day, embezzled the victim’s phone by arbitrarily using the public funds that he received as membership fees from members.”

Accordingly, the defendant has damaged the honor of the victim by openly pointing out false facts.

The lower court determined that there was no proof of crime as to the facts charged of this case for the following reasons, and sentenced the Defendant not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act.

Since the facts constituting the elements of a crime charged in a criminal trial are the prosecutor who bears the burden of proof, whether it is a subjective requirement or an objective requirement, the prosecutor must prove that there was a statement of harming the social reputation of a person in the case prosecuted for the crime of defamation by a false statement of false facts under Article 307(2) of the Criminal Act; that the alleged facts are not only false because they are not consistent with the objective truth; that the Defendant knew that the alleged facts were false; and that there was a false statement of the alleged facts. In such a case, when determining whether the alleged facts are false, the prosecutor must examine the overall purport of the alleged facts. If the material facts are consistent with the objective facts, there is a little difference from the truth or somewhat exaggerated expression

Even if this is applicable.