The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty, despite the fact that the contents expressed by the defendant are false facts without reasonable doubt, and there was an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. The facts constituting the elements of a crime charged in a criminal trial for judgment are the prosecutor who bears the burden of proof, whether it is a subjective element or an objective element. Thus, in a case prosecuted for defamation by a false statement of false facts under Article 307(2) of the Criminal Act, the public prosecutor must prove that the alleged facts were revealed, and that the alleged facts were false because they were not consistent with the objective truth, and that the Defendant knew that the alleged facts were false. In such a case, in determining whether the alleged facts are false, if the material facts are consistent with the objective facts by examining the overall purport of the alleged facts, it cannot be viewed as false facts even if there is a little difference from the truth or somewhat exaggerated expressions.

(2) In light of the above legal principles, the court below's decision not guilty of the facts charged in this case on the ground that the contents of the defendant's expression cannot be determined as "false facts" on the grounds that the court below's decision is not erroneous, and there is a violation of the rules of evidence or incomplete trial as pointed out by the prosecutor. In light of the above legal principles, the court below's decision not guilty of the facts charged in this case is justified.