정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) was that the Defendant sent a message of the same content as the facts charged to the group hosting room. However, the Defendant did not have awareness that the content of the message was false, and the content of the message is related to the public interest, and thus cannot be said to have a purpose of slandering the victim.
2. The lower court also asserted the same purport as the grounds for appeal, and the lower court, based on detailed circumstances as indicated in its reasoning, recognized that the Defendant was false on the message sent by himself, and determined that there was a purpose of slandering the victim.
Examining the reasoning of the lower judgment in light of the legal doctrine on the crime of defamation under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the legal doctrine on the crime of defamation, closely comparing the reasoning of the lower judgment with the record, the lower court’s aforementioned determination is justifiable, and there is no error of misapprehending the
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.