1. On October 1, 2016, around 18:40, the Defendant has also been under the respective provisions on the Defendant’s SNS North Korea, the SNS, “E pilots who died on duty in the G operations in the nearest of the Franchis family members, E pilots who died on duty in the nearest area of the SNS, and Cho Jae-si, who are inside the military capital hospital, joint decentralizations and three pilots and three operators who died on duty, respectively.

Along with the fact that there was no person who was sound or who was lurged in the Navy, and instigates the D Center to refuse to make a judgment before the cause is discovered, the surviving family refused to do so.

Accordingly, the defendant, with the intention to defame the victim D Center, damaged the honor of the victim D Center by reporting false facts.

2. On October 2, 2016, the Defendant: (a) around 15:00, at the Buddhist Branch of Yeongdeungpo-gu Seoul Metropolitan Government (Seoul, Yeongdeungpo-gu); (b) on the Defendant’s SNS North Korea, the Defendant’s SNS (SNS) “E pilot and operational specifications killed in the line of duty as the head of the Navy from the Armed Forces’s Sports Center.”

D The Center advertised that the bereaved family is opposed to the common sense by the date of the party.

However, it was written and posted a letter that the bereaved family did not make a claim, and that his or her return and inciting was rejected.

Accordingly, the defendant, with the intention to defame the victim D Center, damaged the honor of the victim D Center by reporting false facts.

2. Determination

A. In order to establish a crime of defamation by a statement of false facts through an information and communications network under Article 70(2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., the time should be not only be the false fact, but also the defendant must be aware that the timely fact was false when the defendant expresses such fact.