The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of facts and misapprehension of legal principles on November 6, 2014 among the facts charged in the instant case, and the facts of defamation and insult are not recognized as public performance. 2) The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the trial of the case, the prosecutor applied for the modification of the indictment with the content that deletes the 7th "other fraudulent means" portion among the interference with the business of Paragraph (3) of the indictment of this case, and this court permitted it.

Therefore, the judgment of the court below can no longer be maintained as the subject of the judgment is changed.

However, 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. On November 6, 2014, the Defendant asserted that the public performance of the Defendant’s remarks was not recognized since the J had no possibility of spreading each of the Defendant’s remarks to others, in light of the degree of friendlyness between the J and the Victim F and the process of dividing the Defendant’s dialogue, etc.

However, according to the evidence duly adopted and investigated by the court below, ① the defendant has induced the J to take an examination of the victim and move the victim to the private teaching institute operated by the defendant at the private teaching institute operated by the victim F on November 6, 2014, and the J has again confirmed the victim's statement from the defendant once again and identified the facts and operated by the victim.