The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s judgment that found the Defendant guilty of mistake of facts and misapprehension of legal principles is erroneous in matters of mistake of facts and misapprehension of legal principles as follows.

1) The fact that the husband C has winded cannot be readily concluded to be false. 2) The Defendant found the victim at the victim’s home, but the victim did not have his house, and the victim was asked whether E, who operated the seeds at the victim’s home, was found to be the victim as his son, and whether E, who called “the victim by telephone to the victim, does not have the right to the victim, and the victim does not have the right to the victim, and the phone was cut off.” After that, the Defendant asked the victim as to the question of E, “The victim did not have the right to the victim by telephone, and the victim did not have the right to the victim, and the phone was cut off.” After that, the victim did not receive the phone, the victim called “the victim’s house to find the victim as the victim’s house,” and the victim respondeded the contents of the telephone with the victim.

Therefore, the defendant did not have the intention of defamation.

3) Since the Defendant’s place of the above speech to E was only E only at the time of the door of the shop operated by E, performance is denied. B. The lower court’s sentence of unreasonable sentencing (fine 5,00,000) is too unreasonable.

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

A. In a case prosecuted for defamation by a false statement of false facts regarding the assertion that the alleged facts are not false, the prosecutor’s active proof that the alleged facts are false, and the mere fact that there is no proof that the alleged facts are true cannot be established as defamation by a false statement.

However, in determining whether or not the above burden of proof has been fulfilled, not only is it proven that a fact exists actively, but also it is about the absence of a specific act during a specific period and at a specific place.