정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
The accused shall disclose the summary of the judgment of innocence.
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles)
A. The contents of the note sent by the defendant are only the value neutrality fact that the prosecutor's office is scheduled to send the case and it is not specific fact that there is a possibility of infringing on the social value or evaluation of a specific person.
B. The defendant sent e-mail only to D, and the victim and D are very close to each other, and there is no possibility of dissemination and there is no performance.
C. The defendant's act of sending a note to D for the purpose of causing warnings or surroundings to D is consistent with the public interest and thus there is no purpose of slandering the defendant.
There is no intention to impair the reputation of the defendant.
2. On December 30, 2013, the Defendant: (a) as the president of the Seoul Nowon-gu Seoul Special Metropolitan City, Nowon-gu C Apartment Dong, the Defendant sent the Defendant’s house at the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City C Apartment 33 Dong 109, the Defendant’s Internet key day to D, the same apartment Dong-dong using the computer’s Internet key day, and damaged the honor of the victim by openly pointing out the fact that the Defendant’s fraud was the victim F in relation to the case (type 63200) sent to the Seoul Northern District Prosecutors’ Office (Type 63200). On December 24, 2013, the Defendant directed the investigation department at the Seoul Nowon-gu Seoul Central Police Station on the investigation, and was expected to be sent and processed after being investigated by the Seoul Nowon-gu Seoul Nowon-gu Police Station. (Seoul Northern District Prosecutors’ Office G prosecutor’s office).
3. The lower court determined as follows and sentenced the Defendant and the defense counsel to the charges of this case. A.
The e-mail sent by the defendant to D is all indicated in the defendant's suit, case number, competent police station, competent prosecutor's office, competent prosecutor, competent prosecutor, and case progress.