The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (based on factual errors, misunderstanding of legal principles) in light of all the circumstances such as the motive and background leading up to the Defendant’s writing of this case, the contents and method of expression, the relationship between the Defendant and the victim, etc., the Defendant’s act was committed for the purpose of slandering the victim, beyond informing the people of the behavior of the investigative agency from the point of view of the Defendant’s act. Thus,

2. In the appellate court’s ex officio determination, the prosecutor added the phrase “the defendant was sentenced to one year and six months to imprisonment on September 6, 2018 due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the judgment became final and conclusive on April 23, 2019” in the preceding part of the facts charged, and applied for permission for modification of an indictment to add “Articles 37 and 39(1) of the Criminal Act” to the applicable provisions, and the appellate court’s judgment becomes subject to adjudication by granting permission for modification of an indictment as above. As such, the lower court’s ex officio reversal was caused by the modification of an indictment.

Therefore, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for ex officio reversal, the prosecutor's assertion of mistake and misapprehension of legal principles about the acquittal portion in the judgment of the court below is still subject to the judgment of the appellate court.

3. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The term “purposes of slandering people” under Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means the purpose of slandering people, which requires the intention or purpose of harm, and at the same time takes into account all the circumstances such as the content and nature of the relevant statement, the scope of the other party to whom the relevant fact was published, the method of expression, etc., and the degree of reputation infringement that may be damaged or damaged by the expression.