The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the defendant not guilty on the grounds that the defendant has damaged the reputation of the victim C by posting a notice containing false facts.

2. Determination

A. As to the establishment of defamation based on the statement of false facts, the lower court first posted a public notice of the facts charged among the Do in which a civil lawsuit with C was pending, and in light of the dispute progress between the Defendant and C, the content of the public notice does not appear to have been unfolded and did not appear to have been distorted, and the Defendant stated the fact that he experienced in the trial.

As such, the evidence submitted by the prosecutor alone that the content of the writing posted by the defendant is false, or that the defendant was well aware that such content is false, without any reasonable doubt.

It is insufficient to view that there is no other evidence.

Next, as to the establishment of defamation due to a statement of fact, the Defendant and C have been conflicting in apartment related disputes since 2 to 3 years prior to the occurrence of the instant case between neighboring areas, and C also notified the residents of their arguments in a way such as distributing printed materials to the Defendant.

In particular, at the time of the instant case, the representative of the apartment residents, and C, as a temporary representative, conflict in the process of identifying the responsibility of the vehicle accident occurred in the apartment at the time, and securing relevant evidence, such as CCTV, and in the process, the Defendant and C actively posted a notice of the fact that they want to be seen by the apartment residents, thereby making efforts to inform the residents of the appropriateness of their arguments

Therefore, the evidence submitted by the prosecutor alone was proved without any reasonable doubt that the defendant intentionally posted a written article to impair C's reputation.