정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. (1) In the instant case where Defendant (1) misjudgment of facts and misapprehension of legal principles were posted by Defendant 1, the F reporter reported G to the F, and the writing was transferred to F as it is. Even if some false facts are included, the Defendant himself/herself confirmed the contents of the F Articles to G by himself/herself, and made the instant writing to believe that the contents of the F Articles were true, and thus there was no awareness of the falsity. Despite the absence of the purpose of slandering the victim, the lower court convicted the Defendant otherwise, thereby affecting the conclusion of the judgment by mistake of facts and misapprehension of legal principles.
(2) The sentence (one million won of fine) imposed by the lower court of unreasonable sentencing is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. The facts charged and the judgment of the court below (1) are as follows: (a) from July 2006 to October 31, 201, the Defendant operated “D”, a car page that slanders B church from the Internet portal site, from the Internet portal site to October 31, 201.
On September 3, 2009, the defendant had access to the above Internet car page using his computer at the residence of the defendant in Seoul Special Metropolitan City, Nowon-gu on September 3, 2009, and posted the same article as the statement in the attached crime list, such as "F], f.G.C., f., consolation money, child support, and vehicle pressure to the victim's husband and the victim's meeting" on the bulletin board "F."
However, in fact, the victim H, who is the wife of the above G, only 4 years of age, did not leave the church, and was not in B church.