The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. As to the crime of defamation around November 17, 2017, the Defendant’s crime of defamation has a public performance.

B. As to defamation around December 11, 2017, the Defendant’s crime of defamation does not constitute a justifiable act.

2. The summary of the facts charged in the instant case is the person dismissed around September 22, 2017 on the ground that the Defendant was a member of C, an incorporated association established for the purpose of running a business for the development of the B area in the East Sea, and the victim D is the chairperson of the said incorporated association.

On November 14, 2017, the Defendant: (a) prepared a document verifying that the Defendant was expelled from an incorporated association C, using a computer at the Defendant’s residence located in the East Sea E, stating that “The representative of the E Council, who demanded extreme morality, has been aware of the fact that the Defendant was responsible for the payment of the fine through illegal construction; and (b) sent the document verifying the content to C’s address via the post office on the same day.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

나. 피고인은 2017. 12. 11. 14:00경 동해시 F에 있는 G주민센터 2층에서 개최된 사단법인 C 임시총회에서 주민 약 50여명이 있는 가운데, “D 회장님이 불법건축을 안하였다고 하셨죠 2015. 4월에 431,000원을 시청에 벌금을 냈습니다.”라고 큰 소리로 말하였다.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

3. Determination

A. On November 17, 2017, the lower court, based on its stated reasoning, determined that the evidence submitted by the prosecutor alone is difficult to recognize the public performance, and that the defamation constitutes a justifiable act that does not violate the social norms and acquitted the Defendant.

B. The lower court’s aforementioned determination.