The prosecutor's appeal is dismissed.

1. In light of the circumstances and circumstances at the time of the summary of the grounds for appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, even though the defendant’s act constitutes an act contrary to social norms.

2. Determination

가. 공소사실의 요지 피고인은 2013. 5. 14. 18:00경 경북 경산시 C회관 2층에서 열린 동대표회의에서 사실은 피해자 D과 E이 불륜관계가 없음에도 불구하고 동 대표자 F, G, H이 듣고 있는 가운데 "경리 그 수준에 봤을 때 그 모자란 부분도 많고, 그러고 좀 너무 배짱 이런 식, 뭐 이런 것도 많고, 그래 이런 것도 우려했는데 소장과 이 경리가 약간 저~ 소장이 더 알아뿌면은 이거 좀 이래 오피스 와이프도 아니고 이거는 뭐"라고 말함으로써 공연히 허위사실을 적시하여 피해자의 명예를 훼손하였다.

B. The lower court’s judgment appears to include the following circumstances revealed in the process of the record and pleading, namely, at the time of the instant case, the Defendant was present at the same representative meeting in the capacity of I apartment as the representative of I apartment, and the principal discussed matters at the time were to take measures for the acceptance of the resignation submitted by E by the apartment management office and the subsequent apartment management method, and the Defendant’s statement in this case objectively interpreted the contents of the instant case. In light of the objective interpretation of the Defendant’s statement at issue, it appears that “the current accounting D is highly in accounting, and it does not reach the level of the management office’s performance,” and that it appears that the Defendant was using the term “E and accounting officer, who is the director of the management office,” and that it appears that it was a speech and behavior to include “the Defendant was using the word “the Lao”.