The defendant's appeal is dismissed.

The court below found the Defendant not guilty on the grounds of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) No. 1 and 2 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, among the facts charged in this case, among the facts charged in this case, the court below found the Defendant guilty as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection

In regard to this, only the defendant appealed against the guilty portion, and the prosecutor did not appeal. Accordingly, the part of acquittal for the above reason should also be judged in the trial in accordance with the principle of no appeal, but that part has already been separated from the target of the trial (see, e.g., Supreme Court Decisions 90Do2820, Mar. 12, 1991; 2008Do8922, Dec. 11, 2008); however, the part of acquittal for the above reason should be decided according to the conclusion of the judgment of the court below, and it shall not be decided separately in the trial.

Summary of Grounds for Appeal

The punishment of the lower court (fine 4,000,000) is too unreasonable.

3. It is recognized that the defendant's wrong recognition of the crime of this case is recognized.

However, the offense of insult of this case is a insult of a victim by means of indicating the victim's contact information between the Defendant and the Defendant and the victim's male toilet, and the victim's contact information is recorded, and the crime is not good in light of the place of the crime, the circumstances of the crime, and the contents of the crime. The crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) committed by the Defendant misrepresenting the victim in a crypt, giving and receiving obscene conversations with many men in terms of name and name and spreading the victim's contact information to the above male. Accordingly, the victim