The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant merely made passive inquiries by parents and made a statement to the extent of impairing the honor of the victim, the lower court convicted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The lower court determined as to the assertion of mistake of facts by comprehensively taking into account the following circumstances, i.e., ① in the investigative agency and the lower court’s determination that the Defendant was at a child care center D (hereinafter “child care center of this case”) on December 11, 2015, and the Defendant made a consistent statement as to the facts of the crime committed before and after the Defendant’s statement to the effect that there was abuse against his children, and that the statement was consistent with the Defendant’s statement at the lower court’s court’s time when the Defendant’s work was committed, which was the child care center of this case, and did not appear to have any circumstance at the time of J, K, and M’s statement; ② in full view of the fact that the Defendant’s speech was true, and that the Defendant was not at a child care center of this case, and that the Defendant was not at a child care center of this case, and that the Defendant was at a public performance by the police and Gwangju Specialized child care agency of this case, and that the Defendant was not at a child abuse.