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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts (defensive part of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation)) was posted the same article as indicated in the judgment on the website of “D” where the Defendant was employed by the victim C. However, since all parts other than the acts of May 5, 2014, other than the acts of May 5, 201, were established and posted in secret language, the crime of public performance is not constituted because performance is not achieved. Although the act of May 5, 2014 was intended to be set out as secret language, it was merely posted in the number of copies published,
B. The first instance sentencing (1.5 million won of fine) on the accused is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts, public performance, which is the constituent element of the crime of defamation, refers to the state in which many and unspecified persons can recognize it, thus spreading facts to one person individually.
Even if there is a possibility that it will be disseminated to many and unspecified persons, the requirements of performance are satisfied.
(See Supreme Court Decision 2007Do8155 Decided February 14, 2008, etc.). Comprehensively taking account of the evidence duly adopted and examined by the first instance court, the Defendant posted a statement that slanders the victim as described in the “D” bulletin board of the workplace where the victim C works for four times in total on the date and time of the judgment of the first instance court. ② The first instance court written on May 5, 2014 in an open language, which is a form generally accessible to anyone who connects to the homepage, (3) The rest of this written text is not generally accessible by visitors to the website, but is in a form of closed language accessible to anyone who is ordinarily accessible to the website manager and other related employees, such as the website manager, etc. ④