The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) follows: (a) the Defendant posted a statement about the victim on the Kakao Museum bulletin board as stated in the lower judgment’s facts constituting the crime; (b) however, the facts charged of the instant case pertains to the case that the Defendant had already been punished by a summary order (misunderstanding of the legal principles), and (c) the Defendant received the Defendant’s gift by deceiving the other community users, including the Kakao Museum’s Kakao Museum, by deceiving the other community users.

As such, the contents of the article posted are not false, but true, and there was no purpose of slandering against the defendant (misunderstanding of facts). 2.

A. According to the record on the assertion of misapprehension of legal principles, in the case of violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) by Changwon District Court Decision 2017 Gowon District Court Decision 2017 Gowon District Court Decision 2017 Gowon District Court Decision 43 decided January 23, 2017, thereby impairing the reputation of the victim by posting a false statement about his/her defamation, and the summary order was issued for the criminal facts that insult the victim. Accordingly, the defendant filed a request for formal trial on April 6, 2017 and withdrawn

However, the facts charged in the above-mentioned summary order and the facts charged in this case are the same as the victim, but there is a considerable interval of time at the time of the crime, and since the frequency of the crime and the contents of the crime are somewhat different, it cannot be deemed the same case, and thus, it does not constitute “when a final judgment has been rendered” under Article 326 subparag. 1 of the Criminal Procedure Act.

Defendant

The argument is without merit.

B. The following circumstances are revealed by comprehensively taking account of the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: ① The article posted by the Defendant is the content that the victim transferred studio users to another community, threatened other community users, fraudulently obtained the right to use studio by deceiving other users, and borrowed money.