The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In addition, it is difficult to deem that the evidence submitted by the prosecutor, such as misconception of facts or misapprehension of legal principles, alone, is false or false, and the defendant made only the husband's friendship E, and thus, despite the lack of a possibility of spreading, the court below found the defendant guilty of the facts charged in this case on a different premise, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. In light of the fact that the husband was investigated by indecent act by force against the victim, and the Defendant, who had not wanted to believe the victim’s claim and had been in mind to protect her husband, committed the instant crime in the course of going against her husband’s father’s father’s friendship, but did not prudently and reflect the Defendant’s wife’s wife’s wife, and the Defendant was living faithfully while operating a 40-year smallest prison as an initial offender with no record of criminal punishment, etc., the lower court’s punishment (7 million won of fine) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The facts constituting the elements of a crime charged in a criminal trial of the first related legal doctrine as to the existence of false facts and the recognition of false facts are the prosecutor’s burden of proof, regardless of the subjective requirements or objective requirements. As such, in the case prosecuted for the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act, the fact that a person’s social evaluation was revealed, and the fact that the alleged facts are not consistent with the objective truth, and that the Defendant knew that the alleged facts are false, and thus, the prosecutor must prove

However, in determining the burden of proof, any fact.