The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, although the defendant could fully recognize the fact that he posted false facts on the Internet website for the purpose of slandering the victim, the court below acquitted the defendant of the facts charged. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. In order to establish defamation by publicly alleging false facts through an information and communications network under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the facts should be false. In addition, the Defendant should be aware that the alleged facts are false in publicly alleging such facts. In other words, the burden of proof for criminal intent is borne by the prosecutor.

(see, e.g., Supreme Court Decision 2011Do1147, Jun. 10, 2011). (B)

Based on these legal principles, the court below, while explaining the reasons in detail on the part of the judgment's 2.2. judgment, it is difficult to readily conclude that the Defendant's post on the next car page as stated in the facts charged is false. Even if its content is false, considering the circumstances leading up to the Defendant's filing of doubts against the emergency response committee, the entire text posted by the Defendant, etc., the Defendant recognized that the content was false at the time.

It is difficult to find that there was a purpose of slandering or slandering the defendant, and it was judged that there was no other evidence to acknowledge it, and the judgment of the court below is just and it is not erroneous in the misapprehension of facts.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.