정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal falls under objective false facts, and when considering the fact that the defendant merely expresses a point different from the ordinary church, rather than the fact that the E branch sets out the E branch and the victim as the E branch and uses the expressions of maar, association, etc., it shall be deemed that there is a purpose of slandering the defendant against the victim.
Therefore, the judgment of the court below which acquitted the defendant as not guilty is erroneous, which affected the conclusion of the judgment.
2. Determination
A. (1) Article 20(1) of the Constitution of the Republic of Korea provides that “all citizens shall enjoy freedom of religion.” The freedom of religion includes the freedom of mission to promote a religion that one’s own belief and to detect new believers. The freedom of mission also criticizes other religions or recommends other believers to open a religious religion. While criticism on a religious propaganda and other religion is subject to protection of freedom of expression at the same time, Article 20(1) of the Constitution of the Republic of Korea on freedom of religion has the nature of special provisions regarding freedom of expression as to Article 21(1) of the Constitution on freedom of expression. In this case, media and publication for religious purposes is highly guaranteed compared to other media and publication, and in particular, the purpose of the press and publication is to criticize believerss belonging to the same religious or religious group as a debate on religious doctrine, and in addition, the freedom of mission also includes freedom to criticize those who belong to the same religious group and to advise those who belong to the same religious group about the content of the religious religion and the right of reputation, such as the right of reputation, should be guaranteed as much.