The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant of the facts charged of defamation on the ground that the facts alleged as stated in the facts charged are false facts against the victims. Thus, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. In order to establish the crime of defamation by publicly alleging false facts as provided by Article 307(2) of the Criminal Act, the offender must publicly indicate the fact, and should have known the fact to the public, and should have known the fact to the public by impairing the social evaluation of the people.

In this context, in a case where an important part is consistent with objective facts by examining the overall purport of the alleged fact when determining whether it is false, even if there is a little exaggeration or exaggerationd expression, it shall not be deemed a false fact (see Supreme Court Decision 2011Do13407, Oct. 25, 2012). (b) In light of the legal principles of the above paragraph (a), the lower court is justifiable to find it difficult to find out the fact that the contents of the alleged fact by the Defendant were identified as individual members of the Internet press group having access to the Gyeonggi-do Office, or to find it difficult to find out the fact that the victims are individual members of the Internet press group having access to the Gyeonggi-do Office, or to find it difficult to view it as being false, or to find a not guilty of the charged facts of defamation of false facts on the grounds that it cannot be deemed as false facts

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.