정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, the article posted by the defendant constitutes a factual fact and can specify the victim, and can be recognized the intention of defamation. Thus, the court below found the defendant guilty of the facts charged of this case, but found the defendant not guilty. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant, as a dentist, uses the “C” as a member of the “B” which is a dentist’s musical site.
On November 11, 2014, the Defendant: (a) at E dental clinic located in Ansan-si, the Masan-si; (b) on B’s website, the Defendant: (c) was aware of the proposal that “(general) Gr. Wr. B” but Gr. Gr. was paid the price, if he was fl. B, he was fl.h., so he was fl.h., so he was fl.h., so he was fl.h., so he was fl.h., and he was fl.h., so he was fl.h., so he was fl.h., so he was fl.h., so he was fl.h., so he was fl.h., so that he was fl.h., he was fl., and he was fl.h., he was fl., and he was fl.h., that he was fl.h.h.h., and was f.h........
However, the fact is that K introduced "L", which is an import with the same Ma, to the members of the B site, to purchase the imported vehicle through the above L, and some members paid the purchase price, but was damaged due to the failure to receive the vehicle. The victim involved in the process or affected K, thereby affecting the above L site.