정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The contents posted by the Defendant (as to the guilty portion in the original judgment) are not false facts, but true facts. Even if false facts were to be false, the Defendant did not have awareness of the falsity.
In addition, the publication of this article has no purpose of slandering G as a public interest.
B. The prosecutor [the part not guilty (including the part not guilty in the judgment of the original trial)] of this part of the facts charged are all indicated by the defendant, not just the expression of opinion, but the statement of fact, and its falsity is also recognized in full view of other evidence, including the statement of the victim. However, the mere expression of opinion, not the statement of fact, is
The judgment of the court below which acquitted the defendant on the ground that there is a lack of evidence to prove the false fact or that there is an error of law by misunderstanding facts or by misunderstanding legal principles
2. Determination
A. We examine the defendant's assertion. In full view of the contents of G's statement, which can be recognized by the evidence duly adopted and examined by the court below, the background behind the defendant's posting of each of the instant text, the purport and contents of his expression, similar intent and contents over a long period of time, and the contents of the judgment against the victim who posted any article similar to the facts charged in the instant case from the same point of view as the defendant, it can be sufficiently recognized that all of the contents of the facts charged in the judgment of the court below are false facts that can undermine the social evaluation of the victim, and that the defendant also posted each of the above articles for the purpose of defamation against G while recognizing that the statement was false. Thus, the defendant's assertion is without merit.
B. On the prosecutor’s assertion, the part below 7 to 8-7, 9, 12, 14, and 17, 505, 18, 19-1, 200, and 20 “each year” (hereinafter referred to as “each year”).