The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The main purpose of the prosecutor’s written comments posted by the Defendant (hereinafter “the instant written comments”) is that “the victim himself/herself disguiseds his/her own academic background, thereby deceivings S, the president of the bol group.”

Since the defendant did not present specific supporting materials, the contents of the comments of this case were proved to be false, and the defendant was aware that the contents of the comments of this case are false.

B. Defendant (misunderstanding of facts and misapprehension of legal principles as to guilty part of the judgment below) ① The comments of this case do not indicate facts, but expressed his opinion.

② Even if the comments on the instant comments are written, the victim is an officially recognized person, and the comments on the instant comments are true and solely pertaining to the public interest and are denied for the purpose of slandering them. Therefore, illegality is excluded by Article 310 of the Criminal Act.

③ The offense of insult part 2 of the annexed list of crimes is not due to the absorption of the facts charged in the instant case, but due to the absence of a victim’s complaint.

2. Judgment on the grounds for appeal by the prosecutor

A. On June 17, 2016, at the defendant's house located in Gangnam-gu Seoul on the main charge, the purpose of slandering is to use a mobile phone to access the Internet D site, and then to the article of "E", although the victim did not have disguised educational background, the defendant's ability to refer the victim's ability to "E" to the article of "E" after accessing the Internet D site using a mobile phone, regardless of the fact that the victim does not have disguised educational background. The defendant was from the first. The defendant, at the G Gant graduate school Solar, and first graduated from the G Gant graduate school Solar, and the sound and US passenger of the Japanese series of the Republic of Korea, with the capacity of "E" in the past that the victim was able to become the victim. The victim's ability of "E" was the same as the third lux of the North Korean sub-chairperson, and then he was the victim's ability to leave.