정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court against the Defendant on the summary of the grounds for appeal (unfair sentencing) (the sentence of suspended sentence and suspended sentence: fine of KRW 1,00,000) is deemed unreasonable.
2. In light of the following circumstances: (a) the Defendant was the first offender; (b) the background leading up to the instant defamation; (c) the details of the comments posted on the Internet site; (d) the investigation result of the fraudulent crime committed against the Defendant and the victim; and (c) other various conditions of sentencing indicated in the record, such as the Defendant’s age, sex, criminal conduct, environment, means and consequence; and (d) the circumstances after the commission of the crime, etc., the lower court, which had been granted a suspended sentence, is too uneasible and unreasonable.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.