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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of the legal principles or mistake of facts, Defendant A’s misunderstanding of the facts, and Defendant A’s misunderstanding of the language about the victim E on the Internet, and the authenticity of the language is difficult, and the victim did not understand why he did not respond to the said article, and did not make any writing written in the facts charged to slander the victim.
In addition, the defendant A expressed that there is a question about the victim, or it is not the fact that the question is a fact.
Nevertheless, the court below erred by misapprehending the legal principles, thereby finding Defendant A guilty of the facts charged that Defendant A stated false facts against the victim for the purpose of defamation.
2) The lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
B. Although Defendant B’s writing posted the victim’s writing on several occasions on the Internet, the victim would not have any helper to do so, and the victim would not have any helper to do so, and there was a demand for explanation, and there was no false fact for the purpose of slandering.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding Defendant B guilty of the facts charged.
(c)
The lower court’s sentence against the Defendants by the Prosecutor (Defendant A: a fine of KRW 1.5 million, Defendant B: a fine of KRW 1.5 million) is too uneased and unreasonable.
2. Determination
A. Determination 1 on the assertion of misunderstanding of facts or misapprehension of the legal doctrine is not limited to cases where a statement of fact is directly expressed in the crime of defamation using an information and communications network under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), but it is identical in light of the entire purport of the expression, even in cases of indirect and round-up expressions.