모욕등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal by the defendant: The participation of the E-Gun government website, in which the defendant of misunderstanding of facts and misunderstanding of legal principles printed the instant text, the Freedom Bulletin Board was used as a place for free expression and debate by visiting many people from among the E-Gun residents. As a space for public debate that leads the E-Gun government to point out the errors and influence, and to create a sound public opinion, thereby satisfying the people's right to know, the defendant raised reasonable doubts and suspicions about the E-Gun government for the sake of the E-Gun government's right to know, and for the development of the E-Gun government.
2. Determination on the grounds for appeal
A. (1) According to the evidence duly admitted and examined by the lower court, it is recognized that the Defendant published false information contrary to the facts confirmed by objective data, including: (a) whether the EGun has completed the feasibility study following the additional installation of EB; (b) whether the E-Gun’s integrity index and financial independence level among national local governments; and (c) whether the site for a nuclear power plant is determined based on objective data, etc., as stated in the E-Gun website from March 1, 2010 to August 26, 201.
(2) Furthermore, based on the data prior to the publication of this case, the Defendant had repeatedly posted “E” in the year 2010 and 201, as seen above, as well as repeatedly posted “E group still at the lowest of the Republic of Korea or set aside at the index of financial independence and integrity,” whether the Defendant completed a feasibility study following the additional installation of EB, a sensitive content to the military citizens, and the site for the “Nuclear Power Power” was already determined within E-Gun, and was posted on the free bulletin board using a conclusive expression as to the matter, etc., in view of the fact that the Defendant was posted on the free bulletin board, the Defendant placed a focus on the purpose of slandering the victim E-Gun and the head of E-Gun.