The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principle 1) The comments on the comments written in the annexed crime list prepared by the Defendant (hereinafter “instant comments”) is not a false fact, and even if it is a false fact, the Defendant did not recognize that it is a false fact, the lower court determined otherwise by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) At the time when the Defendant written the instant comments, the candidate to run in the 19th presidential election was not specifically decided. As such, the Defendant prepared the instant comments for the purpose of preventing the Defendant from being elected C.

However, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. In the appellate trial, the prosecutor kept the facts charged as stated in the indictment around the ancillary charge, and the name of the crime was “violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation)” (Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.) and the applicable legal provision added the following contents to the facts charged:

Therefore, I will first judge the defendant's assertion of mistake or misapprehension of the legal principles as to the primary facts charged, and will decide whether to judge the preliminary facts charged according to the result.

【The Defendant reported on February 15, 2016, the title “F” posted in E political column, a Internet portal site, around 20:58, and, with respect to the victim C, “C is a patient suspected of having been suspected of having been suffering from the G director at Honam. When Japanese colonial rule, the Defendant was on the ground that the G director was involved in the Defendant’s fraud to Honam. In the event of H, she is inside the cleaning room.

P. I snife to I. He shall smell.

b. Osts, flaged by C, South-Namh, and rice flaged by C, the end of the horse. J and K.