The defendant's appeal is dismissed.

1. The decision of the court below which judged that the defendant's statement of reasons for appeal in the date, time, and place stated in the facts charged is true as to the victim. Thus, there is an error of law that affected the conclusion of the judgment by mistake

Even if the facts alleged by the Defendant are false, the Defendant’s act does not constitute a justifiable act, since it was inevitable to indicate false facts in order to protect the freedom to enjoy a life without being influenced by his/her life or unjust interference.

The lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

2. Determination

A. The facts constituting the elements of the offense charged in a criminal trial to determine the alleged truth of the alleged facts have the burden of proof to the prosecutor, regardless of whether the facts are subjective or objective requirements. As such, the prosecutor must prove all the following facts: (a) the fact that a person’s social evaluation was revealed in a case prosecuted for the crime of defamation through an information and communications network to indicate false facts under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc.; (b) the alleged facts are not consistent with the objective truth; and (c) the Defendant knew that the alleged facts

In determining whether the above burden of proof has been fulfilled, it is difficult to prove the absence of a fact that has not been embodied in a certain period and space is not in view of social norms, while it is more easy to prove the existence of such fact (see Supreme Court Decision 2009Do12132, Nov. 25, 2010). As such, the following circumstances are considered when determining whether the prosecutor fulfilled the burden of proof (see Supreme Court Decision 2009Do12132, Nov. 25, 2010). In other words, the Defendant is an act of a State agency by a victim.