The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-finding misunderstandings: (a) the Defendant’s answer to the 7th grade examination in the local administrative office even in South Korea in 1997 was forged; (b) the injured party threatened the JN branch by using the above sexual manipulation; and (c) the injured party illegally interfered with the above judgment so that the Defendant may be detained, thereby concealing the above sexual manipulation case.

Even if the above facts were false, there was no perception that the defendant was false.

In addition, as the defendant stated the above facts for the public interest, there was no purpose of slandering the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts.

B. The sentence of the lower court (one hundred months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of fact, in the case where the Defendant was prosecuted for the crime of defamation by publication under Article 309(2) of the Criminal Act, the fact that the publication was false is proven by the prosecutor actively, and the fact that the publication was not proven to be true cannot be established solely on the basis that there was no proof that the publication was true.

In determining whether or not the above burden of proof has been fulfilled, the prosecutor must prove not only the existence of a fact actively, but also the absence of a specific act at a specified period and place without reasonable doubt, if the absence of such fact is about the absence of a specific act at a specific place. However, the prosecutor must prove the absence of a fact which has not been specified in a specified period and space.