정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant 1’s misunderstanding of the legal principles (influence of insult) Defendant’s comments and comments posted on D Katode (hereinafter “instant comments”).
(2) The Plaintiff cannot be deemed to constitute insult, since the instant text constitutes a constituent element of the crime of insult, even if it falls under the element of the crime of insult, the Defendant is a C Apartment Housing Reconstruction Project Association (hereinafter referred to as “the instant association”).
Considering the fact that the Defendant’s act as a public interest reporter is not contrary to social norms and constitutes a justifiable act. Nevertheless, the lower court’s judgment convicting the Defendant of this part of the facts charged is unlawful by misapprehending the legal doctrine on insult or a justifiable act. 2) The sentence (one million won of fine) sentenced by the lower court is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (e.g., violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) is considerably wide in the scope of the other party to whom the publication of facts was made, such as where the number of subscribers is more than 50.
Considering the title and content of the article written by the defendant, it is reasonable to see that the article is not prepared to simply deliver facts, but is written to slander the victim.
Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.
B. The sentence imposed by the lower court is too uneasible and unreasonable.
2. Determination
A. The offense of insult 1 as to the Defendant’s assertion of the misapprehension of the legal doctrine refers to the insult of the offense of insult 1 is likely to undermine the people’s social evaluation without mentioning the facts.