The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal 1) The Defendant posted a false statement (as to the part concerning the violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) as indicated in the judgment below).

In particular, in relation to the violation of the Information and Communications Network Act (Defamation) on December 5, 2014, the facts revealed by the defendant are not related to the honor of the victim C.

2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. 1) With respect to the crime of defamation of the relevant legal doctrine, determination of the assertion of misunderstanding of facts is difficult to establish the crime of defamation by publication of false facts solely on the basis that the prosecutor actively proves that the published facts are false, and that there is no proof that the published facts are true.

In determining whether the above burden of proof was fulfilled, the prosecutor must prove the existence of a fact actively, as well as the absence of a specific act at a specified period and at a specified place, if the absence of such fact is about the absence of a specific act, the prosecutor must prove it without reasonable doubt.

However, it is more easy to prove and prove the existence of a fact that has not been specified in a certain period and space is impossible in light of social norms, while it is more easy to assert and prove the existence of such fact. Therefore, such circumstance should be considered when determining whether the prosecutor fulfilled the burden of proof.

Therefore, a person who actively asserts that he/she is not subject to suspicion is liable to present prima facie evidence that is acceptable to the existence of such fact, and the prosecutor can prove that he/she is false in the manner of impeachment of credibility of the materials presented.

In this case, the explanatory materials that should be presented are simply a question.