The prosecutor's appeal is dismissed.

(b)In the event that a summary order has been issued for a complainant due to a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), to slander the complainant;

1. On February 20, 2013, using the pen name “E” at the bottom of its sales text on the Internet Csite around 12:04, “DC is recognized by the Daegu District Law as guilty of defamation and became aware of the fact of a fine, and the chests were faced with a fine. It continues to be on the spot, for whom there is no anti-debris, and on the other hand, she will be provokinged, and she will continue to be on the spot.” By posting a letter, “E” at the end of its sales text on the Internet Csite, thereby impairing the reputation of the complainant by openly pointing out the fact.

2. 2013. 2. 22. 00:21경 위 C 사이트에 고소인이 작성한 “뭐씨와의 블랙 코미디”라는 제목의 글 하단에 ‘E’이라는 필명을 이용하여 댓글 형식으로, “이제 법원 판결이 났습니다. D씨는 명예훼손 혐의로 유죄 판결로 벌금형에 처해졌으며, 사기, 이놈저놈, 개**, 씨*놈 등 차마 입에 담기 어려운 쌍말로 대하고 마치 환불을 거부하는 것처럼 치부하여 사기꾼인양 하여 심대한 상처를 받았습니다. 굼뱅이도 밟아보시지요.”라는 글을 게시함으로써, 공연히 사실을 적시하여 고소인의 명예를 훼손하고,

3. On February 22, 2013, around 01:27, the title “Intermediate Report on DC’s Cyber Violence of 12/12/13, 12/16, 12/18” was posted on the bulletin board of the above C site, and “A person himself/herself against the above cyber terrorism was not against his/her own objection but against his/her offense of defamation, and he/she was found guilty by the Daegu District Court, thereby impairing the reputation of the complainant by openly pointing out facts.”

B. The lower court’s judgment: (a) the following circumstances acknowledged by the evidence duly adopted and examined by the lower court; (b) the Defendant stated the facts charged.