정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Progression of litigation and scope of adjudication of this court;
A. The lower court found the Defendant guilty of violating the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation) which is the facts charged of the instant case on the grounds that all of the facts charged were found guilty.
B. Prior to remand, the Defendant appealed on the grounds of misunderstanding of facts and misapprehension of legal principles as to the purpose of slandering the Defendant, and unfair sentencing with respect to a fine of KRW 1.5 million.
In this regard, the trial before the remanded the defendant's appeal was dismissed, considering that the defendant's argument is groundless.
(c)
The Supreme Court reversed and remanded the defendant on the ground of misunderstanding of facts and misunderstanding of legal principles as to the purpose of defamation.
In this regard, the Supreme Court held that there is a purpose of slandering since the major motive or purpose of posting this part of the defendant's writing is for the benefit of the public interest, as it is the important motive or purpose of posting this part of the indictment Nos. 1 to 9.
It is difficult to conclude it.
The Defendant’s assertion was accepted, and the Defendant’s assertion was rejected on the ground that the purpose of slandering each defamation listed in Nos. 10 through 16 of the List of Attached Crimes was recognized, and the judgment of each court prior to the remanding was reversed and remanded to this court on the ground that the part listed in Nos. 1 through 9 of the List of Attached Crimes Nos. 37 of the Criminal Act was concurrent crimes with the remaining criminal facts, and one sentence was pronounced.
(d)
The entire part of the judgment of the court below against the defendant constitutes the scope of the judgment of this court in accordance with the purport of the judgment remanded.
2. The summary of the grounds for appeal 1) The Defendant did not have a purpose of misunderstanding the facts and misunderstanding the legal principles, and the Defendant posted a notice is believed to be true or true and is public interest.