The punishment of the accused shall be determined by four months of imprisonment.

except that from the date of this judgment.

The sentence of the lower court (one month of imprisonment, one year of suspended execution, and 40 hours of community service order) is too unreasonable.

2. Article 70(1) (amended by Act No. 12681, May 28, 2014; hereinafter the same) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 12681, May 28, 2014; hereinafter the same) provides that, prior to the judgment on the grounds for appeal by the Defendant’s ex officio determination, the imprisonment without prison labor is deleted among multiple-choices, and the upper limit of fines is raised from KRW 20 million to KRW 30 million. The Addenda to the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 12681, May 28, 2014) provides that the said amended Act shall enter into force on the date six months have elapsed since its promulgation (by November 29, 2014).

Therefore, even though Article 70 (1) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which is a juristic person at the time of action, should be applied to the facts charged of this case pursuant to Article 1 (1) of the Criminal Act, the court below erred in the application of the law to the defendant, thereby affecting the conclusion of the judgment. In this regard, the judgment of the court below

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below. Thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 70(1) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of defamation via information and communications networks) and the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;