The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The statement of the victim D of mistake of facts (not guilty part) is consistent and concrete, and the witness E’s statement conforms to the victim’s statement, so it is recognized that the defendant defames the victim’s reputation by openly pointing out false facts as stated in this part of the facts charged.

B. Judgment of the court below on unreasonable sentencing: fine of 500,000 won

2. According to the witness E’s statement on the argument of mistake of facts, the court below held that according to the witness E’s statement, the defendant found the victim to the restaurant of the 3rd floor in the cafeteria and the 4th floor of the hospital at the time of the arrival of the victim and the sound, and therefore he did not have any other person than the defendant and the victim, and thus he did not hear in detail what kind of the defendant made in the 4th floor restaurant. The phrase “the victim has wind” is that the defendant was frequently from the time when he worked in the above hospital before the above day. Thus, the witness E’s legal statement and the statement prepared by E to the same effect is insufficient to be considered as evidence to acknowledge this part of the facts charged, and it is difficult to believe that E’s statement in the telephone communication with police officers that the defendant made the same remarks as the stated in this part of the facts charged at the cafeteria, and it is difficult to view it as it is in light of the E’s legal statement, and it is difficult to directly evidence evidence as to the facts charged, and the victim’s statement at the time of the trial.