The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is as follows: (i) at the time when the Defendant prepared, posted, and transmitted the instant text, the Defendant had a record of engaging in sexual traffic during official business trips.

Not only the content, but also there is doubt that “B” made and made an anonymous report to other professors who are competitors at the time of appointment as the head of D graduate school by means of “B Party New (G president meaning).”

“(3) and “(b)” competitors (referring to competitors at the time of the election of the president of I) are the suspects who are currently under investigation due to suspicions of harassment committed on the Internet for more than three years after they were elected as the president.

“Although there was a perception that the content was false, and it can be sufficiently recognized that there was a purpose of slandering the victim by impairing the honor of the victim in bad faith under the name of the public interest, and neglecting the necessity of the victim, the lower court did not have any evidence to acknowledge the above content as false, but there was no evidence to acknowledge that the content was false, and that there was no purpose of slandering the victim.

It is difficult to conclude it.

In light of the facts charged in this case, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. 1) In the instant case where the facts alleged were prosecuted for the crime of defamation by publicly alleging false facts about the content, the prosecutor actively proves that the alleged facts were false, and the mere fact that there is no proof that the alleged facts were true cannot be established by publicly alleging false facts.

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 if it is about the absence of a specific act at a specified period and at a specified place, it shall be positive.