정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. As to the conviction of Defendant (1) 1’s misunderstanding of the facts, the Defendant was guilty of having been raped from the injured party. As such, the content posted on the Internet page is not false, but is not false, and the Defendant did not have any intention of defamation, since the content was not perceived to be false.
(B) As to the judgment of the court below 2, since the defendant was raped by the injured party, the defendant was not a false complaint, and the defendant did not have any intention to make a false accusation since he did not recognize the contents of the complaint as false.
(2) The sentence of the lower court’s unfair sentencing (the first instance court: one year of suspended sentence in six months of imprisonment, and two years of suspended sentence in six months of imprisonment) is too unreasonable.
B. The sentence of the court below No. 2 is too unhued and unreasonable.
2. Determination
A. The judgment of the court of first instance and the judgment of the court of second instance rendered on the defendant's ex officio determination, and the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance on the conviction of the court of second instance, and the court of second appeal decided to jointly examine
The guilty portion and the innocent portion of the original judgment are in the relationship of a single crime, and the guilty portion of the first judgment and the second judgment are in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the first and second judgment of the court below cannot be maintained as they are.
However, there are such reasons for ex officio reversal.
Even if the defendant's assertion of mistake of facts is still subject to the judgment of this court, it is examined.
B. Based on the evidence duly adopted and examined by the lower court, each of the following circumstances, namely, the Defendant and the victim, at around 03:00 on November 22, 2014, have sexual intercourse with the Defendant at the home of the Defendant, and the victim remains diving in the bed, and the victim gets on board the Defendant at around 11:30 on the same day.