정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Fact-finding ① Contents of e-mail sent by the Defendant does not constitute a threat of harm, and there was no intention to threaten the Defendant.
② The article posted by the Defendant on the Internet website of the news T&W system is true, and there was no purpose to defame the Defendant.
B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged is as follows: (a) according to the evidence submitted by the Defendant at the trial around February 17, 2012 at the trial around February 17, 2012, the e-mail was sent to the Chairperson on February 11, 2012; (b) it is reasonable to deem that the e-mail was an obvious clerical error in the business plan around February 6, 2012, and thus, it is deemed that the e-mail was an obvious clerical error in the business plan around February 17, 2012, and that it would be deemed that the e-mail would have been sent to the victim C by submitting the e-mail list to the e-mail “C Chairperson” and the e-mail would have been sent to the Chairperson as an unjust clerical error, and the e-mail would have been sent to the C Chairperson by submitting it to the e-mail with the approval of the business plan that would have become invalid or invalid by submitting it to the e-mail.
Accordingly, the defendant threatened the victim.
2. The lower court’s judgment is guilty of this part of the facts charged by integrating the evidence as indicated in its judgment.