A. The court below found the Defendant guilty on each of the charges of this case by misunderstanding the facts, even though the Defendant did not have any intention to recognize that the content of each text is false and to slander the victim H, as stated in each of the charges of this case, by posting on the Internet bulletin board or sending by e-mail as stated in each of the charges of this case.

B. The court below erred by misapprehending the legal principles as to Articles 310 and 16 of the Criminal Act, thereby convicting each of the charges of this case as to each of the charges of this case, since all the comments sent by the defendant on the Internet bulletin board, such as each of the charges of this case, are true and solely for the public interest. Thus, each of the charges of this case is erroneous under Article 310 of the Criminal Act, or mistake that the act of the defendant does not constitute a crime by law. As such, the court below erred by misapprehending the legal principles as to Articles 310 and 16 of the Criminal Act, and thereby finding the defendant guilty.

(c)

At the time of preventing each of the instant crimes, the Defendant was in a state of mental and physical weakness due to severe depression and excess.

(d)

The punishment sentenced by the court below against the defendant (1.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts, the Defendant may sufficiently recognize the fact that the Defendant defames the victim’s reputation by posting or transmitting false facts for the purpose of slandering the victim H through an information and communications network, as stated in the facts constituting the crime in the lower judgment. Therefore, the Defendant’s assertion of

B. The lower court’s judgment on the assertion of misapprehension of the legal doctrine.