정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) The lower court acquitted the Defendant on the grounds that it is difficult to readily conclude that there was a purpose of slandering against the Defendant without determining whether the writing posted by the Defendant was false or false.
However, in determining whether there is "the purpose of slandering a person" under Article 70 (2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (hereinafter "the Act"), if a statement is false, the principal motive is recognized even for the benefit of the public. On the other hand, if the facts alleged are true or true, or there are considerable reasons for the misunderstanding that the principal motive is denied if the facts alleged are for the benefit of the public, the purpose of slandering shall be denied. However, without determining whether the facts alleged by the defendant are false or not, the court below erred by misapprehending the legal principles as to the purpose of slandering the defendant for the benefit of the public, which affected the conclusion of the judgment, and by misapprehending the legal principles as to the purpose of slandering the defendant, which affected the conclusion of the judgment.
2. The summary of the facts charged in the instant case is a person operating a “D Council member” in Cheongju-si.
1. On November 13, 2014, the Defendant committed the crime at around 13:50 on November 13, 2014, the following: (a) at the above “D Council member” around November 13, 2014; (b) at the Internet website in which dentists share information; (c) “G” on the free bulletin board within the E (F); and (d) [law].
The title "I first describe and begin to describe and enter into the name of the Government".
(m) HH hospital’s suspicion - The significance of permanent residence enters a large amount of suspicion information, namely, an independent protein, and a tea hospital, - she was well aware of this fact, and accrued from sales.