2. The crime of defamation requires a statement of fact in order to establish the crime of defamation. The term “statement of fact” refers to a report or statement on the past or present facts, which is a concept substituted by an expression of opinion, the value judgment or evaluation of which refers to the time and space, and the contents of which can be proven by evidence. In distinguishing whether a statement of determination is a fact or an opinion, the determination shall be made by taking into account all the circumstances, such as the ordinary meaning and usage of the language, the possibility of proof, the context in which the given statement was used, and the social circumstances in which the expression was made.

(See Supreme Court Decision 96Do2910 delivered on April 25, 1997, Supreme Court Decision 98Do2188 delivered on February 25, 200, Supreme Court Decision 2007Do2824 delivered on September 21, 2007, etc.). The lower court determined that when the contents of the facts charged as to the cooperation in this case were taken as a whole, it is merely an adverse value judgment, opinion, or evaluation of the Defendant that the victim is inappropriate as the managing director of the apartment, and that it is difficult to deem that the victim’s reputation was damaged by pointing out false facts. The lower court’s above determination is just and acceptable (see, e.g., Supreme Court Decision 2007Do2824 delivered on September 21, 2007, etc.). In so doing, contrary to the prosecutor’s assertion, it cannot be said that there was any error by misapprehending the facts or by misapprehending the legal principles on defamation, thereby affecting the conclusion of the judgment.