The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The article published by the defendant of mistake of facts is not much different from the facts, but merely a critical opinion based on the defendant's constitutional right (such as freedom of expression of political opinion) regarding the amendment bill discussed by the political party, although it is the appearance of a statement of fact.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below, the court below’s findings of fact and determination are legitimate, and this part of the defendant’s assertion is without merit.

1) There is no fact that the victim made the draft of the constitutional amendment containing the same content as the written facts in the facts charged. 2) Nevertheless, the Defendant stated the specific draft of the amendment to the effect that the victim made the draft of the constitutional amendment claiming socialism or decentralization, and attached a title stating the content of the draft of the amendment and posted it on the Internet as stated in the facts charged. In light of the method and content of the writing, the overall context and purport of the writing, the place and time at which the article is posted, the details and the process of posting the same article, etc., the notice in this case constitutes a statement of false facts that infringe on the social value or evaluation of the victim, rather than a mere presentation of opinion, and also constitutes a statement of false facts that violates the social value or evaluation of the victim.

3 Even if the materials or evidence submitted by the Defendant were examined, there is no circumstance to deem that the Defendant believed that the content of the instant notice was true.

Rather, the defendant did not publish the draft amendment of the Constitution as stated in the facts charged at an investigative agency, and there is no report on news, etc., and the contents are false.

X It does not confirm the fact after receiving the message containing the same content as the facts charged.