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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is consistent from the investigative agency to the court of the court below to the F, etc. that the victim had consistently delivered the same words as the facts charged, thereby recognizing the fact that the defendant has impaired the honor of the victim.
However, the judgment of the court below that acquitted the defendant is erroneous.
2. Determination
A. On April 2014, the Defendant injured the victim’s reputation by openly pointing out false facts by stating that “The Defendant, despite having committed a sexual indecent act against the victim’s will, in spite of the fact that the Defendant committed a sexual indecent act against the victim’s sexual intercourse, F, G, H, and I.”
B. The judgment of the court below is based on the evidence duly adopted and investigated by the court below, i.e., the following circumstances: ① the victim E did not directly have any fact that the defendant made the statement that "I could have come to the victim and the her mother (hereinafter "the statement of this case")" (hereinafter "G"), and the J, L, and M (hereinafter "G"), but the defendant was unable to hear the statement of this case as follows. G operating the above D main points did not hear the defendant's statement of this case; ② K, the husband of the victim, was not directly considered to have made the statement of this case; ② G, L, and I; L did not directly heard the defendant's statement of this case; L did not hear the defendant's statement of this case; L did not have any physical contact between the defendant and the victim (hereinafter "the defendant did not make the statement of this case") at the court of the court below; and L did not have any physical contact between the defendant and the victim (hereinafter "the defendant's statement of this case").