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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the fact-finding or legal principles 1) Defendant A was not subject to a disposition of non-prosecution regarding an accusation case such as occupational embezzlement against the victim, the Defendant did not reveal the grounds for the Defendant’s assertion that the injured party embezzled the money of the association in I in I currency, and the Defendant denied that the injured party made the statement to I as stated in the facts charged, and there is no reasonable ground to believe that the injured party has embezzled the money of the association, and there is no reasonable ground to believe that the injured party has embezzled the money of the association, the lower court acquitted the Defendant of the charge, on the grounds that there is no possibility to avoid illegality under Article 310 of the Criminal Act, and there is an error of law
2) According to all evidence, including the victim’s statement and the recording file of a conversation between the victim and G, even if the defendant acknowledged that he had damaged the victim’s reputation by making the same speech as the recorded in the facts charged, the court below acquitted the defendant as to the defendant B, which affected the conclusion of the judgment by misunderstanding the facts.
B. The lower court’s sentence against Defendant B, which was unfair in sentencing, (300,000 won in penalty) is too unhued and unfair.
2. Determination as to the misapprehension of facts or misapprehension of legal principles
A. On January 5, 2015, Defendant A1’s summary of Defendant A1’s Public Prosecutor’s Office (hereinafter “Defendant A”) provided phone calls with I, a member of the H Cooperative, and embezzled the money of the Cooperative, i.e., Defendant E, the president of the Cooperative.
“The victim’s reputation was damaged by openly pointing out facts.”
2) The lower court’s determination is based on the following circumstances acknowledged by the evidence duly admitted and investigated, namely, ① several members including the Defendant, etc., during the period of the victim’s initial president of the instant union, and documents such as accounting books and financial statements.