정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not indicate false facts, but merely expressed an individual opinion.
In addition, the article or K posts written by reporters reported the truth and prepared the article in this case in trust, and there was no purpose of recognizing false facts and slandering them.It is an act that does not violate the social rules even if it falls under the constituent elements of a domestic crime.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant argued the same purport as the argument of misunderstanding of facts and misapprehension of legal principles, and the court below rejected the above argument in detail. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and the defendant's assertion of misunderstanding
B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the assertion of unfair sentencing, requires respect for the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.