The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the victim was not the husband of the defendant, but the defendant has damaged the reputation of the victim by pointing out such false facts.

2. Determination

A. A. Around November 14, 2013, the summary of the facts charged is that the facts in the D General Affairs Division located in the Jung-gu Daejeon District Office (Seoul) on the part of the Defendant’s husband E and the victim F are not in incompact relationships, the Defendant maintained an incompact relationship with six employees G et al. of the General Affairs Division for six (6) persons, including the Defendant’s husband E, for whom “the applicant (victim) had maintained an incompact relationship for the other part of E and 2-3 (the Defendant’s spouse).” The applicant recognized and sought an incompact relationship with the other part of the Defendant’s child E before the Respondent’s child, and then damaged the victim’s reputation by distributing a written answer indicating false facts that “the victim and E had committed an incompact with the victim due to the failure of

B. The lower court’s judgment 1) Evidence that facts constituting a crime exist in criminal proceedings must be presented by the prosecutor, and the facts constituting a crime must be proven by a judge to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to such an extent, it is inevitable to determine the Defendant’s interest even if there is suspicion of guilt against the Defendant (see, e.g., Supreme Court Decisions 92Do3327, Mar. 23, 1993; 2012Do6522, Aug. 23, 2012). Accordingly, in order to establish a crime of defamation of false facts, the prosecutor must actively prove that the alleged facts are false. 2) Evidence conforming to the facts charged in the instant case is only F’s investigative agency and the court below’s legal statement.

However, F had worked in the police in the same way as E in relation to the relationship with E, and on June 2012, F shared meals with each other on the basis that he was mixed with the telephone around the end of June 2012.