The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. The Defendant, by posting false information about the victim on his Internet Blobs, has undermined the reputation of the victim. The Defendant posted such false information on the Internet Blobs that could easily be exposed to others through search, etc., and without any reason, committed the crime against the victim with no knowledge, and considering the content of the instant bulletin, the occupation, etc. of the victim, etc., the Defendant seems to have suffered mental damage or defamation caused by the instant crime is serious.

However, in full view of various circumstances, including the circumstances leading to the instant crime, the Defendant’s age-oriented environment, etc., and the sentencing conditions specified in the records and arguments, such as the fact that the Defendant was guilty, and the Defendant was treated with a mental disorder due to a decentralization disorder, etc., and that the Defendant had no criminal power prior to the instant case, etc., the lower court’s punishment is heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime and Article 70 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;