The defendant's appeal is dismissed.

1. The court below found the defendant not guilty of obstruction of business among the facts charged in this case, and sentenced the defendant not guilty of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. due to the arrival of the language and text causing fears or apprehensions, and judged the remaining facts charged and sentenced the defendant to a fine of one million won. The prosecutor did not object to this and appealed against the defendant only. Thus, the part of acquittal and acquittal became separate and final, and excluded from the scope of the court's judgment.

Therefore, the scope of the judgment of this court shall be limited to the conviction except the aforementioned separately determined part of the judgment of the court.

2. Summary of grounds for appeal;

A. The customer bulletin board on the website of the Gangnam-gu University of Dynam University, Gangnam Synam Hospital, where the Defendant posted a letter written in the facts charged, can be confirmed only by the person in charge of receipt as the place where the customer's complaint is received by the hospital, and the general public cannot see the posted letter, and there was no performance in the Defendant's act.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

3. Determination

A. “Public” under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., as to the assertion of misunderstanding of facts and misapprehension of legal principles, refers to the state in which an unspecified or multiple number of people can be recognized, which is the constituent element of defamation, and if

(Supreme Court Decision 2004Do340 Delivered on April 9, 2004). According to the evidence duly examined and adopted by the lower court, the Defendant is the Gangnam University of the Department of Generation at which the victim works.