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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) It cannot be deemed that there was no reasonable doubt that the Defendant was aware that the part concerning the crime of violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) was false, and that the Defendant was aware of false facts at the time.
(2) The Defendant’s act of insult in the part of the offense of insult is not contrary to the social norms, and its illegality is excluded.
B. The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.
2. Determination
A. (1) In determining whether the alleged facts are false in the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, the determination of the part concerning the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) shall not be deemed to be false if the overall purport of the alleged facts is different from the truth or are merely a somewhat exaggerated expression in light of the overall purport of the alleged facts, but if the important part is not consistent with objective facts, it shall be deemed to be false
Furthermore, it is difficult to determine whether an actor knows that the matter is false or not from the outside due to its nature, and it is inevitable to determine by comprehensively taking account of various objective circumstances, such as the Defendant’s educational background, career, social status, circumstances surrounding the publication, time, and anticipated ripple effect as a result, based on the content and existence of the published fact, the existence and content of the materials, the source and awareness of the fact revealed by the Defendant. The intent of the crime includes not only the conclusive intention but also the so-called willful negligence, which is the intention to recognize it. Thus, the crime of defamation by publicly alleging false facts is also established by willful negligence.
Supreme Court Decision 201No. 13. 13.