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. In a misunderstanding of the facts or legal principles, the Defendant posted the same article as the facts charged in the instant case by misapprehending the victim G to clarify the circumstances in which the victim G received a premium in relation to the selection of an agent for the defective repair of apartment defects, which is for the right judgment of the occupants of the apartment and for the public interest.
Nevertheless, the court below held that there is a purpose of defamation.
As such, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Judgment on the misapprehension of the legal principle or mistake of facts
A. The summary of the facts charged is a person who uses the “D” at CKafa in the website following the Internet.
Any person who is not detrimental to the reputation of any other person by disclosing any fact openly through an information and communications network with intent to defame any other person, but the defendant was the chairperson of the Busan Northern-gu E Apartment Association.
F Upon dismissal of the F, for the purpose of slandering the victim G, the title " "" is to disclose the recording record, which is an illegal cause, from its home, from July 31, 2016, at around 18:52, around E 302 Dong 3401, connected from the cell phone to CKaf (C) to the cell phone on the next website, and is to disclose the content of the recording record, which is an illegal cause.
Under the title of “I”, when disclosing the conversation between Defendant, H, F, and I, “I will return if you come to the so-called “I,” and (G) I would offer a proposal within 60 million won.”
In addition, this paper will bring about a studio. Prepaid, “I will not return if you have to do so,” and “I will have to do so, so we will have to do so. I will have to do so.”
Contents of “the conversation” and victim G.