정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact, the Defendant’s misunderstanding of facts posted the same article as the facts charged on the C apartment reconstruction association’s Internet homepage or the O Doer bulletin board registered on N.V., but it is merely a true fact that is solely related to the public interest or simple expression of opinion.
Therefore, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. Before the judgment of the court below on the grounds of appeal by the defendant's ex officio, the prosecutor added the "related to the selection of the removal business operator" to the "disponcing business operator" in the facts charged No. 6 of 2012Da306, when the prosecutor was in the trial of the court below, and the "no person has committed any crime or any theft committed" in the 7-8 7-7-8 7-7 7-7 7-7 7-8 7-777 1-7 1-7 1-77 - "and the Supreme Court deletes the following parts and 2-7 - 5-6 - 5-6 - 5-6 -- 6 -- a year of crime sight from the association execution book to D, and therefore, the judgment of the court below cannot be exempted from the reversal.
B. We examine the judgment of the court below as to the assertion of mistake of facts since the defendant's assertion of mistake of facts is still subject to the judgment of the court.
1) The following circumstances, i.e., the Busan apartment reconstruction association (hereinafter “instant association”), revealed in full view of the evidence duly adopted and examined by the court below, as follows: ① the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) No. 1 per annum of the annexed crime sight table No. 201, supra.
In relation to the selection of removal business operators among the members or employees of the executive branch.