(영문) 서울중앙지방법원 2018.01.12 2017노3305

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(영문) 서울중앙지방법원 2018.01.12 2017노3305

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant 1’s (i.e., mistake of facts or misapprehension of the legal doctrine, the crime Nos. 20, 21 of the crime list Nos. 20, 21, and the Defendant did not recognize that the content of the pertinent notice was false because he/she confirmed the facts from B

B. The punishment of the lower court (the imprisonment of 10 months, the seized evidence Nos. 1, 4, 5) is too unreasonable.

B. The lower court found the Defendant not guilty of each of the crimes listed in [Attachment 22-2-29] Nos. 22-29, which the lower court found the Defendant not guilty of the facts charged on the basis of the Defendant’s confession and the statement of accomplice B, etc.

Shebly unfair sentence of the court below is too uncomparably unfair.

2. Determination

A. A. An ex officio examination of changes in indictment pursuant to the indictment was conducted for the first time in the trial of the case, and an application for permission for changes in indictment was filed to delete the crimes in the annexed crimes No. 22 to No. 25, and No. 29 in the annexed crimes No. 1 of the facts charged. Since this court permitted this, the judgment of the court below should be reversed.

Despite the above reasons for ex officio reversal, the defendant's assertion of mistake, misunderstanding of legal principles, and prosecutor's mistake of facts is still subject to deliberation.

B. The following circumstances acknowledged by the lower court’s determination as to the Defendant’s assertion of misunderstanding of the facts or legal doctrine were duly adopted and investigated by the evidence duly admitted and investigated by the lower court, i.e., (i) the content of the posting from the victim BS, the party to the posting No. 20 No. 5 of the attached crime list, and (ii) the part that the BS received material assistance from the customers of entertainment establishments on the ground that it was not true, and the part that the BS received material assistance from the customers of entertainment establishments, in particular, continued to maintain the status of the posting of the posting on the ground that it was not true, and (iii) the posting on the notice No. 21 of

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