정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are not false but true and only delivered to members of Cuniversity using internal communications networks, and there is no possibility of spreading them in other places. Thus, there is no performance inasmuch as there is no possibility of spreading them.
Even if the facts discovered by the defendant are false, since the defendant believed it as true and there are reasonable grounds to believe it, the illegality of the defendant's act is excluded.
In addition, the defendant's act cannot be viewed as a purpose of slandering and is a legitimate act conducted for the public interest, so the defendant is not guilty.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. In the trial of the court below, the ex officio determination prosecutor applied for changes to the indictment as stated in the following criminal facts, and this court permitted this and thus, the judgment of the court below was no longer maintained as it is.
The defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court within the scope of the modified facts charged despite the above reasons for ex officio reversal.
3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant
A. The following facts are revealed through evidence duly adopted and investigated by the lower court as to whether the Defendant’s spread was true or true, and H’s statement in the trial of the first instance, namely, the fact that F left the Republic of Korea of Mongolia and Japan while he/she was the president at the G University, but in addition, the Defendant left the Republic of Korea only by China, Thailand, Singapore, Australia, and Taiwan, which are considered overseas travel.