The prosecutor's appeal is dismissed.

1. As to writing on the Internet camera bulletin board for the purpose of explaining the group mail sent by the victim, the victim was punished by considering that it was the purpose of slandering the victim. In light of the fact that the defendant's sending of this case's body mail to the first bulletin board for the purpose of explaining the victim's writing, the defendant should also be deemed to have the purpose of slandering the victim, the charges of this case should be found guilty.

Even if it is not recognized that the purpose of slandering the victim is not to defame the victim, the content that the victim and the wife of the victim have expressed a desire to have the victim committed against the defendant and disregarding the victim is obviously constituted defamation against the victim. Therefore, at least the crime of defamation under Article 307(1) of the Criminal Act is established.

2. Determination

A. A. An ex officio determination prosecutor made the judgment of the court below not guilty of the facts charged of this case prior to the remanding of the case, and applied for an amendment to a bill of indictment containing addition of the ancillary facts charged as stated below. This court permitted this and permitted it, and the judgment of the court below cannot be maintained as it is, but the prosecutor's allegation in the grounds of appeal as to the primary facts charged is still subject to the judgment of the court below, and this is examined.

[Preliminary Facts charged] The Defendant, the motive B, posted a letter that slanders the Defendant on the Internet website “D” bulletin board.

Accordingly, at around 20:00 on July 6, 2009, the Defendant, using e-mail (F) from 102 dong 1102 to 30 persons, including G, etc., who are the above graduate motive of the above graduate school, shall unilaterally defend HC on the bulletin board and interfere with unity.