The judgment below

The guilty part shall be reversed.

Of the facts charged in the instant case, around May 27, 2016, around 19:19, and around June 1, 2016, around 21:24.

1. Summary of grounds for appeal;

A. As to the Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles on May 27, 2016, around 19:19 around June 1, 2016, around 21:24, and around 19:10 on June 15, 2016, violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) (Defamation), Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles), there is justifiable reason to believe that the content of the comments and comments made by the Defendant at each time constitutes a true fact or that all of the content of the comments are true.

For the public interest of all the occupants of the apartment of this case, the defendant prepared a notice and comments on this part of the facts charged on the above apartment homepage for the public interest of the whole occupants of the apartment of this case, so the defendant did not have an intention to impair the reputation of the victim.

2) The sentence of the lower court that was unfair in sentencing (an amount of KRW 500,00) is too unreasonable.

B. As to the prosecutor (misunderstanding of facts and misunderstanding of sentencing)’s misunderstanding of the facts, around 20:01 on May 27, 201, and around 21:19 on June 1, 2016, the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) was committed, according to the evidence submitted by the prosecutor, the Defendant’s act of defamation based on the aforementioned false facts should be all constituted. However, the lower court erred by misapprehending the facts, and thereby acquitted each of the charges.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. In order to establish a crime of defamation by a statement of false facts through an information and communications network under Article 61(2) of the former Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (amended by Act No. 8778, Dec. 21, 2007; hereinafter the same) and an offense of defamation by a statement of false facts under Article 307(2) of the Criminal Act, the time of the enemy must be not only the false fact but also the fact that the Defendant indicated the same fact.