The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is all the false issues indicated in the written application for coal distributed by the Defendants, and some of them are prepared for the purpose of slandering the victims even if they are not false, and are not related to the public interest. Therefore, illegality may not be excluded pursuant to Article 310 of the Criminal Act.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby acquitted the facts charged in this case.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to, the determination ought to be based on the defendant’s benefit even if there

(2) As to the facts alleged in the crime of defamation by a false statement under Article 307(2) of the Criminal Act (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). In addition, in the instant case, where the material part is consistent with objective facts, the prosecutor must prove that there was a false fact, not only the alleged fact is inconsistent with objective truth but also the Defendant’s awareness that the alleged fact was false. In such a case, in determining whether the alleged fact was false, the entire purport of the alleged fact should be examined. In such a case, where the material part is consistent with objective facts, even if there was a little difference from the truth or somewhat exaggerated expression, it cannot be deemed that there was a false fact.

(see, e.g., Supreme Court Decision 2012Do13718, Sept. 4, 2014). Examining the evidence duly adopted and examined by the lower court in light of the aforementioned legal doctrine, the prosecutor submitted it.