The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal, F’s relationship with the Defendant and F, F’s ambiguous statement attitude, etc., since F did not receive the victim’s request for sanitary censorship at the time of the instant case, it should be deemed that there was no fact that the Defendant told such content to the Defendant.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misapprehending the facts and thereby affecting the judgment.

2. Determination on the grounds for appeal

A. On October 12, 2015, the Defendant of the instant facts charged interviewed with the content that “A member of the Gu office directly asked the Gu office to put up a phone and directly censorship of the frequency of the Defendant’s office, and then damaged the victim’s reputation by openly pointing out false facts by inserting an article of the same content on B’s website, although the Defendant did not request the Gu office to inspect the sanitation of the frequency of the Defendant’s office. A member of the Gu office directly puts pressure into the Gu office. A member of the Gu office directly told that he/she had such fact.” On October 12, 2015.

B. In full view of the following circumstances, the lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone, based on the evidence duly admitted and examined by the lower court, cannot be deemed as having proved that the Defendant was false and that the Defendant was false, and that the Defendant’s act was about the interest and interest of local residents, and that it is difficult to view that the Defendant’s act was unlawful on the grounds that it was related to the public interest.

① Although the Defendant voluntarily withdrawn the form of talking about the speech from a public official of the Gu office, the fact that the Defendant intended to indicate in the interview was ultimately the victim’s sanitary censorship of the frequency operated by the Defendant to the public official of the Gu office.