The judgment of the court below is reversed.

Of the facts charged,

1. The prosecutor was prosecuted for violating the Child Welfare Act and the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation).

The lower court convicted all of the charges.

The defendant appealed, and the trial prior to the remand was not guilty of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and the charged of violating the Child Welfare Act.

The appeal was filed by both parties. The Supreme Court reversed the conviction part of the judgment prior to the remand, and dismissed the prosecutor's appeal on the acquittal part.

The charges of violating the Child Welfare Act, which were acquitted in the trial before remand, were separated and finalized by dismissal of the appeal.

The scope of inquiry after remand is limited to the charges of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation).

2. The summary of the grounds for appeal (the factual error, the violation of law, and the unreasonable sentencing) is not specified and the victim has no public performance.

There was no statement of fact that there was no purpose of defamation.

The determination of punishment (5 million won) is unreasonable.

3. The judgment of the Supreme Court that is a higher court on the assertion of mistake of facts and violation of law is as follows.

It cannot be said that the defendant sent a specific fact sufficient to lower the social value or assessment of the victim by stating the victim's school violence case or the measure taken by the victim through the message in the state.

Judgment of remand by a higher court shall bind the original court after remand.

(Article 8 of the Court Organization Act). In the judgment of the court below, there is an error of law by misunderstanding facts or violating Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

4. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

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