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. Reasons for appeal;

A. Since misunderstanding the legal principles on the rules of exclusion from illegally collected evidence illegally acquired the e-mail of the Defendant, a personal information that was not disclosed to the victim, and submitted as evidence on March 23, 2014 among the facts charged in the instant case, and on April 16, 2014, violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), admissibility of evidence in accordance with the rules of exclusion from illegally collected evidence cannot be admitted as evidence.

B. Of the instant facts charged, misunderstanding of the legal principles and misunderstanding of the facts as to the intention of defamation or the performance performance under Article 310 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 16, 2014) regarding the violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) on March 23, 2014; 1) the Defendant sent a public issue related to the D trade union to some of his/her friendly employees by e-mail; and 2) the victim did not spread to others before filing a complaint

(2) The Defendant was informed of the problems in the election process of the Chairperson of the Trade Union and Labor Relations Adjustment Committee, the involvement of the victim in personnel affairs and the use of the original budget after the election of the Chairperson of the Trade Union and Labor Relations Adjustment Committee, the victim's suspicion of receiving money and valuables when changing the welfare card company, and stated the facts for the public interest of the D Trade Union and stated the facts in the truth. The illegality of the Defendant is dismissed on the ground that there are reasonable grounds to believe

2) As to the violation of the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information and Communications Network (Defamation) on June 29, 2015 among the facts charged in the instant case, the Defendant did not know who was sent. However, since he was the fact that he received the knife at the time, it was not false by stating that he was not known who was sent, and it was not false, and there was a possibility of misunderstanding by posting a letter stating that he would be able to use the murder and present his opinion, and immediately delete the above notice on the part of this frame.