정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The main point of the grounds for appeal is that the defendant's notice on the Internet car page is a true fact and is related to the public interest, so the illegality of the appeal is excluded, as well as the punishment imposed on the defendant is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of ex officio, prior to the judgment on the Defendant’s assertion of ex officio, the Prosecutor: (a) filed an application for changes in the indictment with the purport that “the Defendant has damaged the reputation of the victim by openly exposing false facts through the information and communications network by posting five comments on the Internet cameras; and (b) the Defendant had damaged the reputation of the victim by openly pointing out facts on the Internet camera on five occasions; and (c) the subject of the judgment of the lower court was changed by the permission of this court; and (d) the subject of the judgment was no longer maintained.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant on the ground of ex officio reversal, and the judgment below is reversed and it is again decided as follows.
Judgment on changed charges
1. The revised Defendant, from December 6, 2010 to February 6, 2011, was employed by the victim D who operated C for a period of two months, and worked for the victim D, but was unable to receive wages of four million won for two months, and the complaint was raised. On September 19, 201, the Defendant opened an open camera of the name “F” on the Internet portal website in the Internet portal website’s name and searched the car page by establishing the car page search method as “D”, “G”, and “H”.
On November 26, 2011, the Defendant’s defamationd on November 26, 201, using the ID called “J” in the name of the Defendant at the Defendant’s residence at Seocho-gu Seoul Seocho-gu I 209, Seocho-gu, Seoul, and entered the above car page, and then, “C”.