The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) although the victim E had not arbitrarily amended the articles of association or disseminated false facts, the Defendant arbitrarily changed the articles of association of the Association; and (b) the Defendant had not arbitrarily

The honor of E was damaged by openly pointing out false facts through information and communications networks to the effect that he/she spreads false information or spreads false information.

Nevertheless, the court below found the defendant not guilty of the facts charged of this case on the ground that there is insufficient evidence to prove that the defendant's statement was false or that there was an intentional intent to indicate false facts.

2. The prosecutor of the amendment of indictment (in addition to the facts charged in the preliminary charge) maintained the previous facts charged which the court below acquitted, as the primary facts charged, and added "Article 70 (1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Network Utilization and Information Protection, etc." to the applicable provisions of Acts in the preliminary charge, applied for the amendment of indictment with the addition of the facts charged as stated in attached

However, since the prosecutor's assertion of mistake of facts against the primary charges that the court below acquitted is still subject to the judgment of this court, the prosecutor's argument of mistake of facts and the ancillary charges added by this court shall be judged in order

3. Determination

A. As to the prosecutor's assertion of mistake of facts as to the primary facts charged, it is not sufficient to recognize that the evidence submitted by the prosecutor alone for the reasons as stated in its reasoning was false, or that the defendant posted the same article as the description of the facts charged with the intent to indicate false facts, and therefore, it is reasonable to find the defendant not guilty of this part of the facts charged, and it is so argued by the prosecutor.