정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor of mistake of facts (not guilty part), all facts that the defendant defames the victim by pointing out false facts can be recognized.
Nevertheless, the court below rendered not guilty on the ground that it cannot be readily concluded that this part of the facts charged is false. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (one million won of a fine) is too unhued and unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. On July 27, 2012, the Defendant posted the false information on the Internet portal site “Nber” bulletin board at a place where the place is unknown, and published the false information on eight occasions as indicated in the attached Form 3 of the lower judgment from around that time to January 12:49, 2014, including the false information on the Internet portal site “Nber” online, which is accessible to many unspecified people.
Accordingly, with the aim of slandering against the Defendant, the Defendant, by disclosing publicly false facts through information and communication network, damaged the honor of the victim school foundation dynamics.
B. The lower court’s judgment 1) The facts charged in this part of the year Nos. 1 through 5 of the List 3 attached to the lower court’s judgment revealing false facts that the Defendant brought down his admission to the East Asia University, thereby impairing the honor of the victim. However, according to evidence, the following circumstances are revealed: (a) The College Ability Test Grade 3 (hereinafter “AD”) is the following.
Of all applicants, the grade is equivalent to the percentage of the relevant examinee, and the grade is divided into nine, up to the first grade 4 per cent, the second grade 4-1 per cent, the third grade 1-23 per cent, the fourth grade 23-23 per cent, the fourth grade 40 per cent, the fifth grade 40-60 per cent, the sixth grade 60-7 per cent, the sixth grade 77-89 per cent, and the sixth grade 7-89 per cent.