정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The article that the defendant posted as stated in the facts charged by misunderstanding of facts and misapprehension of legal principles is not false, and there is no purpose of slandering the defendant.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. In the lower court’s assertion of misunderstanding of facts and legal principles, the Defendant also argued the same purport, and the lower court rejected the aforementioned assertion by providing a detailed statement on the lower court’s judgment at the bottom of “a summary of evidence”. In light of the records, the lower court’s determination was examined, and the following circumstances, which may be recognized by the evidence duly adopted and examined at the lower court, i.e., the Defendant posted the writing as indicated in paragraph (1) of the facts charged on the Internet Cheongdae website at least 34 times from February 26, 2014 to April 18, 2014, and the considerable portion of the crime was committed on the same bulletin board. The Defendant did not appear to have been carrying the labor union’s labor union’s labor union’s labor force at KRW 20 on March 17, 2014 or on March 28, 2014 (hereinafter “instant company”).
N on March 28, 2014, the company of this case was dismissed by the disciplinary committee of the company of this case, and the labor union was relocated.
M was finally reduced to 30 days of suspension even though the disciplinary committee of the instant company was dismissed on March 28, 2014, and ④ the instant company had previously been dismissed on October 2010 due to unpaid transportation revenue received from two drivers in cash to the company, and ⑤ the Defendant.