The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding the facts and making the sentencing unfair) is that the defendant actually engaged in sexual traffic, so the fact alleged by the defendant is not false, and that the defendant's attachment of a leaflet indicating the above facts is to request the police to investigate the illegal prostitution, thus there was no intention of defamation against the defendant.

Even if the defendant is found guilty, the sentence of the court below (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In a case prosecuted for an offense of defamation under Article 307(2) of the Criminal Act, the prosecutor must prove that the alleged facts are false.

In determining whether the above burden of proof has been fulfilled, the prosecutor must prove the absence of a specific act at a specific period and place, as well as the active existence of a certain fact. However, it is more easy for the prosecutor to prove the absence of a specific fact in a specific period and space to prove the absence of a specific act without reasonable doubt. However, it is difficult for the prosecutor to prove the absence of a specific fact in society, while it is difficult for the prosecutor to assert and prove the existence of a specific fact. Therefore, such circumstance should be considered in determining whether the prosecutor fulfilled the burden of proof (see Supreme Court Decision 26 July 26, 2012, etc.). Accordingly, a person who claims a suspicion against a person who has not committed an act of suspicion bears the burden of presenting a supporting evidence to affirm the existence of such fact, and the prosecutor can prove that there is a false fact by means of impeachment of the credibility of the materials presented. However, it is insufficient to present the materials to present at least when it is insufficient to present a false fact.