The prosecutor's appeal is dismissed.

1. The lower court acquitted the Defendant of the instant facts charged, even though the summary of the grounds for appeal (misunderstanding of the facts) sufficiently recognized that the Defendant defames D by openly pointing out false facts.

Therefore, the court below erred by misunderstanding the facts.

2. Determination

A. On August 2012, the Defendant accused the Defendant of the facts charged in the instant case in Seongbuk-gun, Seongbuk-gun, “D filed an accusation against the Defendant, a small-scale construction business operator around 2010, and filed a complaint against the residents F of the village to the effect that the Defendant occupied the river site without permission and occupied the farming house, and was punished by a fine. The Defendant funded the repair cost by forcing G to illegally remodel the truck into the room.

“Written impeachment containing the contents of the impeachment (hereinafter referred to as “the impeachment of this case”) is prepared, made available to 42 village residents of Gyeongbuk-do and affixed a joint signature and seal on the impeachment of this case.

However, there was no fact that D filed a complaint against the above E and F, and there was no fact that D had collected repair costs against G.

Accordingly, the defendant has damaged the honor of D by openly pointing out false facts.

B. The lower court rendered a not guilty verdict on the instant facts charged on the grounds that detailed reasons were stated from Nos. 5 to 7 of the sentence No. 5 of the lower judgment, and that the instant facts charged were not guilty.

(c)

The following facts and circumstances acknowledged by legal principles and evidence duly adopted at the lower court and the lower court’s judgment, namely, ① in a case where an act of damaging a person’s reputation by openly pointing out facts is true and solely pertaining to public interest, it cannot be punished pursuant to Article 310 of the Criminal Act. Here, the term “justifiable fact” in this context means a fact that conforms to objective facts in light of the overall purport of the content thereof, and even if there is a little difference or somewhat exaggerated expression from the truth in detail, it is apparent that “the time when it solely concerns public interest” is stated.