The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles (the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation)) was not broadcast for the purpose of slandering the victim, and the content of broadcast by the defendant is not false, and it is merely merely an expression of opinion in the process of opposing the victim's wrong assertion through broadcasting, and it does not constitute a specific factual presentation as stated in the crime of defamation.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 5,000,000) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misunderstanding of legal principles 1) Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”)

In order to establish the “crime of defamation by publicly alleging false facts” as prescribed in Article 70(2) or “crime of defamation by publicly alleging false facts” as prescribed in Article 309(2) and (1) of the Criminal Act, the Defendant’s alleged facts are false and false, and the burden of proof as to such false perception is borne by the prosecutor.

Here, a statement of fact is a concept substituted by an expression of opinion, the content of which is a value judgment or evaluation, and refers to a report or statement on specific past or current facts in time or space.

If the important part of the timely fact is consistent with the objective fact, even if there is a little difference from the truth in detail or somewhat exaggerated expression, it cannot be viewed as a false fact.

In determining whether a false fact is a false fact, it shall be determined whether a part that is not consistent with the objective fact is an important part by examining the purport of the whole details of the alleged fact.

Article 70(2) of the Information and Communications Network Act and Article 309(2) of the Criminal Act slanders a person.