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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
(2) the date of this judgment.
Reasons
1. Summary of grounds for appeal;
A. The offense of insult as referred to in the Defendant’s insult assertion of misapprehension of the legal doctrine regarding the offense of insult is an act of expressing an abstract judgment or sacrific sentiment that may undermine the people’s social evaluation, while defamation of defamation of reputation as referred to in Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. refers to an act of damaging another person’s reputation “publicly false information.” As such, the offense of insult and defamation can be established alternatively depending on whether a false statement was made, and the crime of insult and defamation may not be established at the same time.
B. There is no evidence to prove that there is false fact in the part that “the victim gave birth to H by introducing J” was false.
2) The instant case pertains to the suspicion that the victim provided a female to the total number of his/her remaining sons by introducing them to the total number of his/her remaining sons, and is related to public interest as it is closely related to the citizen’s right to know and thus, it cannot be said that there was a purpose of
3) The facts alleged by the Defendant were reported to the U.S. press, and the Defendant’s name, such as the aforementioned female and the victim’s photographed together, had a sufficient reason to believe them as true facts, and thus, the illegality is excluded in accordance with Article 310 of the Criminal Act.
(c)
The prosecutor expressed the contents of the report on the facts that objectively undermine the victim's social evaluation by citing the news report in the form of an article, not a decent expression, but a full text or conjection. However, if the report was made by suggesting the existence of the fact in view of the whole purport of the expression, it shall be deemed as a statement of fact. The comments posted by the defendant on April 9, 2016 shall be considered as a statement of fact.