The prosecutor's appeal is dismissed.

1. In light of the overall contents of text messages sent by the Defendant, the relationship between the parties to the relevant civil procedure and the falsity of the important part of the text messages sent by the Defendant, etc., the lower court determined that the Defendant erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the Defendant on the charge of impairing the honor of the victim D, even though the Defendant could have found the false facts by sending text messages to many members as indicated in the facts charged, as in the instant facts charged.

2. The summary of the facts charged in the instant case is the person who served as the president of the former Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Union”).

On April 2, 2015, at a place where a location is unknown, the Defendant sent a text message stating that “H, by using his/her mobile phone (G) for the purpose of slandering the victim D, made He/she was able to take a hand at any time for his/her own interest. As a representative of the past non-Subrogation, he/she would be able to take a hand, at any time, for his/her own interest. He/she would be able to take a hand, and he/she would be able to take a hand, as a full-time director, to bring a huge loss to the union, and this would have caused D and hand, which have a road share of which is equal to one square meter.

3. The lower court determined: (a) the overall expression of the instant text message, and, in particular, the expression “H is a person entitled to take a hand at any time, even with non-Subrogation for its own interest; (b) making the instant text message as a full-time director; (c) making D and D as a part-time director; and (d) expressing the Defendant’s view or evaluation on the premise of facts based on the cooperative activity of H, a former president, rather than a factual presentation on D; and (b) the expression “D,” which has a road share within one square of the content of the instant text message, is false.