The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. This article, written by the defendant of mistake of facts on the Internet carpet bulletin board, is written by the victim based on the writing written on around 2006, and it does not mean that there is a little ambiguous and exaggerated expression, and it does not indicate any false fact.

Nevertheless, the judgment of the court below which pronounced guilty on the premise that the defendant made a false statement of fact is erroneous in mistake.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. The prosecutor ex officio made an application for changes in the name of the offense and applicable provisions of the Act on the indictment of this case to the facts charged under Article 311 of the Criminal Act, and an application for changes in the indictment of this case to the same contents as the facts charged below. Since this court permitted this, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of mistake of facts and unreasonable sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

1. On February 23, 2012, the Defendant posted a letter on the Internet website “B” bulletin board of “B” under the title “B” (i.e., e., e., mythical d., mythic spathic spathic spathic d.), which read “Wnin’s spathic spathic spathic and her husband.”

2. On February 24, 2012, the Defendant: (a) using a computer located in the PC room located in Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, Seoul, to view that the Defendant was a person who has a mental world with which the “B” online website “B” (hereinafter “B”) is too unfolded human nature and is not a means to achieve the purpose.