정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment below
All parts of conviction and acquittal shall be reversed.
A defendant shall be punished by a fine of KRW 1,000,000.
1. Summary of grounds for appeal;
A. The crime of each of the facts stated in the judgment of the court below, which the court below found guilty, was committed for the public interest purpose to prevent additional victims from occurring. Thus, the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation
Nevertheless, the court below convicted all of the facts charged. The court below erred by misapprehending the legal principles on the violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) and thereby affecting the conclusion of the judgment.
B. The crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) on March 21, 2012, which was committed on March 21, 2012, added some of the contents to the Defendant’s comments already posted on his/her tables. However, the lower court recognized the above crime as an act ex post facto ex post facto and found the Defendant not guilty of this part of the facts charged. However, the lower court erred by misapprehending the legal doctrine on ex post facto facto action, which affected the conclusion of the judgment.
B) Although there was no fact that the complainant either revoked the complaint or expressed his intention not to prosecute the crime of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) on December 1, 2011, the lower court recognized that the complainant expressed his/her intent not to file a complaint on February 29, 2012 and sentenced the dismissal of prosecution. The lower court erred by misapprehending the legal doctrine on the crime of non-compliance with intent, thereby adversely affecting the conclusion of the judgment. 2) The sentence of suspended sentence of KRW 1 million imposed by the lower court on the Defendant, which was sentenced to unfair sentencing, is too uneasible
2. The judgment of the court below was reached by the ex officio judgment prosecutor.