The prosecutor's appeal is dismissed.

1. The main purpose of the grounds for appeal is to criticize the defendant by expressing that the reason hedged with the victim was due to excessive sexual intercourse with the victim, such as the facts charged in this case. However, the court below erred by misapprehending the legal principles that acquitted the defendant.

2. Determination

A. A. On May 18, 2011, the summary of the facts charged stated the title “C” as “D’s representative thickness” in the name of “D” on the bulletin board of the website called “C”, stating that “The head of the FF office returned to Korea and made a talk once, but the head of the FF office was a person who has been on a long-distance business trip, and Kuwait demanded a sexual relationship with the head of the FF office as prohibited and difficult to avoid commercial sex acts. Moreover, the head of the FF office intended to bring the end to the demand for excessive sexual relationship, and to take the end.”

Accordingly, the defendant has damaged the reputation of the victim by divulging public facts through information and communication network with a view to slandering the victim F.

B. On the judgment of the court below, the court below stated that ① the main purpose of the defendant's posting a rebuttal containing the contents of the facts charged in this case is to reflect the assertion or opinion of the above company's representative from the customer's point of view as to a series of events or accidents occurred during the process of purchasing camping machines sold by the company where the victim works, and ② the expression of the facts charged in this case also refers to the expression of the above company's representative's "fresh cans," etc., which means the expression of the above company's "fresh cans," etc. between the defendant and the victim, and the defendant also made a counterargument because the third party's defamation reply based on the victim's private e-mail is published on the Internet.