The prosecutor's appeal is dismissed.

1. In full view of the F’s legal statement, F’s text message sent and received by F to K of the lower court immediately after the instant case, and the recording of F and I’s currency by witness witness of the lower court, the Defendant could sufficiently recognize the fact that the victim E made a sexual intercourse with K as stated in the instant facts charged, thereby impairing the victim’s reputation. However, the lower court acquitted the Defendant of the instant facts charged, contrary to this, erred by misapprehending the legal doctrine.

2. According to the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant and F at the time of the instant case were erroneous to the effect that F was the Defendant and F had sexual intercourse with the victim while dialogueed with F while being under significant influence of alcohol.

In addition, the evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt that the defendant stated in the facts charged or had intention to do so.

For the reason that it is difficult to see that the charged facts of this case were acquitted.

On December 7, 2016, the following circumstances acknowledged by the court below and the court below's duly adopted and investigated. ① Defendant, K, I, J, and the victim are members of D's meeting of D' group members of D' group members of D' group members of D' group, the Defendant is the victim's husband, ② Defendant, K, I, J, and F, attending the above meeting on behalf of the victim, ② Defendant, K, I, J and the victim, was moving to the second meeting with the vehicle operated by I after holding the first meeting at H-type restaurant located in Gwangju-gu, Gwangju-gu, and the case was located within the above vehicle, ③ The Defendant from the police to the court chief of D's whole president of D's meeting.