정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
The sentence against the accused shall be 700,000 won.
Defendant. A fine.
1. The summary of the grounds of appeal is that the Defendant’s act constitutes a justifiable act that does not constitute insult against the victim C, or that does not violate the social rules, in light of the background leading up to such writing or the degree of expression and the degree of expression, and thus, the illegality is excluded as it merely constitutes a justifiable act in light of social rules, in the course of expressing the friendship of the victims of child abuse or their families and slandering them, or in the process of expressing the decentralization against the victims of child abuse or their family members.
In the case of paragraph 3 of the facts charged, C expressed the defendant's opinion on the basis of the fact that C actually demanded the child abuse victim's family members to make an unfair demand, and does not constitute a statement of specific facts in the crime of defamation, and there was no intention of defamation, and there was no purpose of defamation.
In the case of paragraph (6) of the facts charged, the subject of criticism of this article is not C, but C, and there is no complaint from the victims. Therefore, this part of the prosecution must be dismissed.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting all of the facts charged.
2. Determination:
A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the appellate trial, the prosecutor applied for the amendment of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) among the facts charged in the instant case to add the name of the offense, “defluence,” “Article 311 of the Criminal Act,” and “the victim was openly insulting by posting the same article” as the ancillary facts charged, while maintaining the primary part of the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information
B. The Defendant posted a notice on the assertion of mistake of facts or misapprehension of legal principles.