The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The defendant asserts that the summary of the grounds for appeal in the judgment of the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that it is too unfasible and unreasonable.

2. On February 27, 2014, in which the judgment was examined, the defendant recognized each of the crimes of this case, the defendant deposited KRW 5,000,00 to the victim for the recovery of damage on February 27, 2014 during which the trial was in progress, and the defendant did not have been punished more severe than the fine, and the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case are considered to be unfair, and therefore the defendant's assertion is justified, and the prosecutor's assertion is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the repeating month of an anti-competence) concerning criminal facts, Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of defamation using information and communications networks), Articles 74 (1) 2 and 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the point of distribution of obscene images), Article 283 (1) of the Criminal Act;

1. Articles 40 and 50 [Defamation] of the Criminal Code of the Commercial Concurrent Crimes and violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) and violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Act on Promotion, etc.”)