The fact that the defendant's disclosure of the fact is false because the plaintiff's owner of the anti-surd passenger car and the real owner of the above land who raised the suspicion of mistake is W, who is the father of V, and R, which is the death money of D head of D head, has obtained a loan of KRW 70 million from the S. Association.

Even if the fact that the Defendant was published was false, the Defendant had a reasonable ground to believe that the Defendant was true, since the Defendant had heard that “R was loaned KRW 200,000 to avoid the indecent act of the head of D Gun, and was given to the victim V’s family members. At that time, V’s family members purchased a hurged passenger car and so on, and purchased the former North Korean territory land under the name of the outside third village of V, and received a copy of the register of the said land.”

Nevertheless, the judgment of the court below which found the defendant guilty of publishing the defendant is erroneous and has affected the conclusion of the judgment.

The sentence of the court below that sentenced 1 year of imprisonment, 2 years of suspended execution, and 120 hours of community service order against the accused of unfair sentencing is too unreasonable.

Judgment

In the crime of publishing false facts, a person who actively asserts that the content of the report data on determination of mistake has been substantiated as to whether it is a fact or not, bears the burden of presenting supporting materials acceptable to the existence of the content of the report, and when such materials are not presented or the credibility of the presented supporting materials is impeachment, he/she shall be held liable as the publisher of false facts.

(See Supreme Court Decision 2008Do11847 Decided December 22, 2011). In the instant case, the Defendant: (a) committed sexual indecent act in which the Defendant (C/Gun candidate D), along with 14 employees including V, took place on April 2015; and (b) received the case from the Jeollabuk-do National Police Agency on September 9, 2015.

However, V.