The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the second crime of mistake of facts in the judgment of the court below, the victim spreads a question that "D received money from the E Party" or "D had livedd with F", and the victim collected money from G with sexual intercourse. As such, the Defendant did not have any false fact by accessing the victim's Face North Korea, and then written comments on the comments made by the victim.

B. The punishment sentenced by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The prosecutor’s active proof that the facts announced 1 in the determination of the assertion of mistake are false, and solely with the absence of proof that the published facts are true, defamation by the statement of false facts cannot be established.

However, in determining whether or not the above burden of proof has been fulfilled, a prosecutor who is the active party shall prove not only the existence of a fact actively, but also the absence of a specific act at a specified period and at a specified place without reasonable doubt. However, proving the absence of a fact that is not specified in a specified period and space is impossible under the social norms, while proving the existence of such fact, it is more reasonable to prove that there is a fact.

Therefore, these circumstances should be taken into consideration in determining whether the prosecutor has fulfilled the burden of proof.

Therefore, a person who actively asserts that he/she is suspected of receiving a suspicion against a person who asserts that he/she does not have any suspicion, is liable to present a prima facie proof that the existence of such a fact is acceptable, and the prosecutor can prove that he/she is false by impeachmenting the credibility of the materials presented. In such a case, the materials to be presented are simply written.