The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal by the prosecutor, although the defendant could sufficiently recognize the fact that he has damaged the victim's reputation as shown in the facts charged, the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. According to the purport of the principle of substantial direct examination adopted by the Criminal Procedure Act, an appellate court should, in principle, constitute a case where: (a) there are special circumstances to deem that the first instance judgment was clearly erroneous; or (b) it is deemed that maintaining the first instance judgment is remarkably unfair when comprehensively considering the results of the first instance examination and the results of the evidence examination additionally conducted in the appellate court; or (c) it is deemed that maintaining the first instance judgment is

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and determine that the credibility of the witness's statement can be recognized, the first instance court's ruling rejecting the credibility of the witness's statement should be sufficient and acceptable.

(see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006; Supreme Court Decision 2012Do2409, Jan. 31, 2013). In addition, evidence that criminal facts exist in criminal proceedings should be presented by the prosecutor, and even if the defendant's appeal is unreasonable and the defendant's appeal is unfair, it cannot be disadvantageous to the defendant. The proof of criminal facts should be made by the judge with high probability to the extent that there is no reasonable doubt, and it should be formed a conviction to this extent.