정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The appeal by the prosecutor is dismissed.
Summary of Grounds for Appeal
The Defendant’s making up a notice to the effect that the above contents were broadcasted on the Internet website bulletin, although there was no room for the victim’s fraud of the MBN’s ice to the normal person in the MBN’s MBN broadcast, the crime of defamation by a false representation is established.
Even if the stated contents are true, the court below found the defendant guilty by changing the applicable provisions of law without changing the indictment, but there is an error of law affecting the judgment.
The sentence of unfair sentencing (one million won of fine) by the court below is too uneasible and unfair.
Judgment
In order for the crime of defamation by a false statement of fact to be established under Article 307(2) of the Criminal Act to determine the assertion of mistake of fact, the criminal should publicly indicate the fact, and the fact should have undermined people's social evaluation, which should be false, and the criminal should have recognized that such fact is false (see, e.g., Supreme Court Decision 9Do4757, Feb. 25, 2000). In a case where the important part here is consistent with objective facts, there is a little difference from the truth or somewhat exaggerated expression in the detailed contents.
Even if it is not a false fact, it cannot be viewed as false fact.
(See Supreme Court Decision 2006Do6322 Decided July 13, 2007, etc.). According to the evidence duly adopted and examined by the court below, in the MNF broadcast, the court below acknowledged the fact that L, a normal L, who is not a person in need of ice treatment, pretended to be a ice patient and provided a healing counseling for the victim. Nevertheless, the victim was entitled to receive ice treatment by considering only the symptoms from L as a ice patient (the court record No. 92 pages), and MNF production made a broadcast after photographing the ice as a ice (the court record No. 301 pages). In light of this, the court below acknowledged the fact that L, a normal L, other than a person in need of ice treatment, was a ice patient.