The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal reveals that the Defendants’ assertion of the facts subject to defamation was made in response to the question as to whether the Defendants’ assertion of the facts subject to defamation was legitimate or not, as long as they emphasized the truth of the facts subject to defamation on several occasions beyond the mere passive response, the Defendants may be recognized as having committed defamation. As such, the lower court erred by misapprehending the legal doctrine as to the intent of defamation.

2. Summary of the facts charged

A. At around 22:00 on August 16, 201, the Defendant: (a) talked with the Victim LA to determine whether or not the Victim K was promptly sexual intercourse with the members of the Busan Shipping Daegu Fcafeteria; (b) in the presence of H, I, and J, etc., the Defendant damaged the Victim L/C’s reputation by openly pointing out false facts, such as “I, and I, of the members of the G Donghdong Association, I, and J., i.e., “P., large number of bits of bit bits of a bitch, kne, kne, kne, kne, kne, kne, kne, kneed, and knick of a bitch of a bitch of a bitch; and (c) by openly pointing out false facts, such as “I, I, and I will see if you enter

B. Defendant A, at the same time, damaged the reputation of the victim or K by openly pointing out false facts, such as “A son A’s A’s 15th floor of “Nin, 15th floor of the 15th anniversary of the bitch, K’s son’s son’s son’s son’s son’s son’s son.”

3. The lower court, based on the record, found the following facts: (a) around May 18, 201 from Defendant A, Defendant B heard from Defendant B the speech that the victim K was rapidly suffering from the victim L’s sexual intercourse at the G Dong-gu Council (“G Dong-gu Council”); (b) on June 13, 2011, Defendant K called the victim K M, the husband of the victim K, and reported this fact; and (c) the victim K filed a complaint against Defendant B by defamation in the above case of accusation.