The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is also mentioned in the reasoning of appeal by the prosecutor as well as in the deliberation of the lower judgment. However, examining the specific arguments, this is also the purport of asserting a mistake of facts in the lower judgment as follows.

Of the facts charged in the instant case, the Defendant posted a notice solely for the public interest in relation to the part A. (Defamation caused by a statement of fact) of the facts charged

As to the part of the facts charged in the instant case (as to defamation caused by the assertion of false facts), there is considerable reason to believe that the Defendant believed the content of the posted materials to be true.

subsection (b) of this section.

Nevertheless, the lower court found that the act of posting a notice as stated in the facts charged of this case constitutes a case where “the fact that is true (or there are reasonable grounds to believe that it is true) and solely constitutes a case where the public interest is indicated,” and thus, acquitted all of the charges.

2. The Defendant is a person who worked as the head of Songpa-gu Seoul Metropolitan Government apartment (hereinafter “ apartment”) from around December 9, 2015 to August 13, 2017 as the managing director of the Songpa-gu Seoul apartment (hereinafter “multi-family apartment”) and the victim D works as the chairperson of the three-party occupants’ representative council from around March 1, 2013 to February 28, 2015.

On August 22, 2016, the Defendant posted a notice (a) stating false facts on each apartment unit, the elevator at the entrance, etc. of the entrance, etc. of the entrance, and (b) posted a notice (a) stating “declution for a tender for security use” (a copy of a set of paper No. 1; hereinafter “instant notice”) to the victim’s honor.

A. The Defendant posted the above notice through the Kakao Stockholm and a personal text message, “The most recent third representatives of occupants.”