정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On February 22, 2014, the lower court dismissed the prosecution as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), and convicted the Defendant of the remainder of the charges.
However, since the defendant appealed from the judgment of the court below on the ground of erroneous determination of facts as to the guilty portion and did not appeal all the defendant and the prosecutor, the dismissal of prosecution in the judgment below is determined separately, and only the remaining guilty portion is subject to this court's
2. Summary of grounds for appeal;
A. The article posted by the defendant of mistake of facts as stated in the facts constituting the crime in the judgment of the court below is true, and even if it is not true, the defendant believed that it is true, and there was no awareness that it is false to the defendant.
B. The Defendant, by misapprehending the legal doctrine, posted a notice on the public interest level to the extent that there was no purpose of slandering the victim, and that other members did not consider damage.
C. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.
3. The facts charged in this case (the part concerning the charge of oil) did not induce the victim C to import the straw straws directly from the victim C or from the victim C to the straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw straw 2 years or more, and
The Defendant, at around 00:35 on January 9, 2014, with approximately 860 members, uses the “E (F)” for the purpose of slandering the Victim C on the Internet NAV B, which is related to poppy, with a view to slandering the Victim C.