The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. Since a mistake of fact is true that the defendant was raped from the victim, the defendant did not indicate false facts.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In a case where a person was prosecuted for committing defamation by publicly alleging false facts in the relevant legal doctrine regarding 1-related assertion of mistake, the fact that the alleged facts are false is proven by the prosecutor actively, and the fact that there is no proof that the alleged facts are true cannot be established by publicly alleging false facts.

However, in determining whether or not the above burden of proof has been fulfilled, a prosecutor who is the active party shall prove not only the existence of a fact actively, but also the absence of a specific act at a specified period and at a specified place without reasonable doubt. However, proving the absence of a fact that is not specified in a specified period and space is impossible under the social norms, while proving the existence of such fact, it is more reasonable to prove that there is a fact.

It is easy for the prosecutor to take into account these circumstances in determining whether the prosecutor fulfilled the burden of proof, and therefore a person who asserts that there was no suspicion against the person who asserts that there was no suspicion is a burden of presenting supporting materials to affirm the existence of such a fact, and the prosecutor can prove that the person is false by means of impeachment of the credibility of the materials presented. In this case, the materials to be presented are not sufficient to simply present a written answer, and it is sufficient to present the materials to the extent that it is possible for the prosecutor to prove that the materials are false, and there is no presentation of such materials.