All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of 4.5 million won.

The above fine shall not be paid by the defendant.

1. The argument that there is no public performance in the gist of the grounds for appeal is not judged separately since it is related to the facts charged for which the first instance court rendered a decision to dismiss public prosecution

(In fact and misunderstanding of legal principles) Each Internet bulletin and text message of this case are not written by the defendant.

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

However, despite such reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The hearsay rule is, in principle, applied to the use of text information or its printed output entered into the relevant legal information storage device as evidence, but the hearsay rule is not applied to the case where the existence of text information, which is not the authenticity of the contents of text information recorded in the information storage device, becomes a direct evidence.

(See Supreme Court Decision 2010Do3504 Decided February 15, 2013). Accordingly, in the case of an electronic document or text message that damages or insults another person’s reputation, it itself becomes an original evidence, and thus, the hearsay rule is not applied.

The fact that the copy or output of the electronic document files submitted as evidence has been copied and outputed without any artificial reproduction, such as compilations in the course of duplication and output, is a person involved in the process of producing, transmitting, keeping, etc. the copy or output of the electronic document files.