명예훼손등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. (1) The Defendant did not have any perception that the facts alleged at the time were false with regard to the defamation of the instant case No. 2013 high-level 1381. Even if the Defendant had a perception of false facts, the Defendant’s act was for the public interest, and thus, illegality is excluded pursuant to Article 310 of the Criminal Act (hereinafter “the Chapter 1”). (2) It was true that there was a little dispute between the Defendant and the victim at the time regarding insult. However, this part of the facts charged is solely based on the victim’s statement, and it was exaggerated and distorted.
In addition, since there was no person who accurately heard the Defendant’s remarks at the time, performance is not recognized because there was no possibility of radio waves.
(3) As to the defamation of the case at issue, the Defendant did not make a statement identical to this part of the facts charged at the time, and, in the course of responding to the questions of other teachers concerning the dispute with the victim on June 27, 2012, the Defendant did not have any intent to impair the victim’s reputation at the time, and most of the Defendant’s remarks were for the public interest, and thus, the illegality is dismissed pursuant to Article 310 of the Criminal Act (hereinafter “Chapter 3”). (4) As to the violation of the Information and Communications Network Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation), the Defendant, while being aware of it at the time, posted a letter on the bulletin board of the Internet site’s online Expert Counseling Office, Korea Association of Love, which was the Internet site at the time, to simply undergo consultation, did not have any intention to publicly indicate “public” at the time, and there was no intention to defame the Defendant.
(hereinafter referred to as “Chapter 4”). (b)
The sentence of the court below's decision on the grounds of unfair sentencing (the fine of five million won) is too unlimited.