정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In other words, the Defendant did not transmit a Kakao Stockholm text message to E on the basis of erroneous facts or misapprehension of legal principles. Even if a message was sent, the crime of defamation cannot be established due to the lack of performance.
Shebly, the Defendant dialogueed F with F and the lower judgment using the Kakakao Stockholm message with the same content as No. 2 through 4, however, in order for F to assist the Defendant to file a complaint, this is merely a reply to the Defendant’s leading question for the purpose of collecting evidential materials necessary for the above complaint, and thus, there is no performance.
In addition, the conversation between the above 3 and 4 is an individual opinion, connotation, or a somewhat insulting expression, not a statement of fact.
Article 22(2) of the Criminal Procedure Act provides that “The Defendant did not state that “C her sexual organ was above that her sexual organ during the process of opening the summer lecture,” and even if her speech, the crime of defamation cannot be established due to lack of public performance.
B. Even if the facts charged in the instant case are found guilty, the sentence of the lower court (basic fine of KRW 3 million) is too unreasonable.
2. The Defendant is a student of the D University Culture and Arts Lifelong Education Institute, whose injured party C worked as an instructor by art writerss in the instant charges.
No person who violates any provision concerning the promotion of use of information and communications networks, protection of information, etc. (Defamation) shall reveal any false fact openly through an information and communications network to defame another person, thereby impairing the honor of another person.
Nevertheless, the Defendant and six students, including the Defendant, and the Hadio Kakao mobile phone, in the middle of the conversation in a place where it cannot be seen from October 2014, at a place where it is difficult to know, at the same time, on July 3, 2014.