The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is as follows: (a) Red Ginseng Products D, sold by Co., Ltd. C (hereinafter “C”) and C, did not have any connection with the Joseon General Co., Ltd. or the Japanese government; (b) the Defendant publicly posted and distributed the instant banner and printed materials with the intent to promote the sale of red ginseng sold by C, with the intention to promote the sale of red ginseng products sold by C; and (c) the Defendant publicly posted and distributed the instant banner and printed materials with the intent to cause any misunderstanding that the instant red ginseng Products D, which was created for the evasion of

As a result, C is recognized as related to the Joseon General or the Japanese government, and therefore, C suffers enormous damage which is difficult to recover.

Nevertheless, the court below found the defendant not guilty on the ground that the principal purpose of the defendant's act of entering the facts charged is to public interest and thus, the illegality is removed pursuant to Article 310 of the Criminal Act. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected

2. Determination

A. The summary of the facts charged is as follows: (a) around May 6, 2015, the Defendant: (b) installed a banner stating “D created by the Korean Shipbuilding Division in 1940,” the Defendant’s trademark “D,” which is the victim’s trademark “D” on the 1055-former World Cup Stak Stak-gu, Seojin-gu; (c) around that time, the Defendant produced a cartoon containing a cartoon containing “D created by the Korean Shipbuilding Division in 1940,” and published it in the newspapers E in the North Korean territory, thereby impairing the victim’s reputation by openly pointing out facts.

B. The lower court determined as follows based on the evidence duly adopted and examined, i.e., the term “D” was created in order to distinguish the red ginseng controled by each country prior to the Joseon General from the red ginseng and the false ginseng under the influence of each country, as the red ginseng and the false ginseng were circulated in the early 1940s. The meaning of the pure language is “a factory under the jurisdiction of the government.”