The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant was guilty of more than 50 million UN from the actual victim. The victim had sexual intercourse with the trainee, etc., and the victim had sexual intercourse inappropriate with the trainee, which was posted by the Defendant on the Internet, is not false.

B. The purpose of the Defendant’s writing by misapprehending the legal doctrine is to prevent another person from suffering from fraud, thereby constituting a justifiable act.

(c)

The sentence of the lower court against the illegal defendant in sentencing (the amount of three million won) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. As to the assertion of mistake of facts, the facts constituting the elements of the crime charged in a criminal trial, whether it is a subjective or objective element, is the prosecutor who bears the burden of proof. As such, in a case prosecuted for the crime of defamation of reputation through an information and communications network stating false facts under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., the fact that the alleged facts do not conform with objective truth, and that the Defendant knew that the alleged facts were false as well as the alleged facts were false and confirmed, all of the prosecutor must prove that the prosecutor did not prove that the alleged facts were false (see, e.g., Supreme Court Decisions 2008Do1421, Jun. 12, 2008; 2007Do5836, Jan. 30, 2009).