Text
The judgment below
The guilty portion and each of May 6, 2012 and May 9, 2012.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the facts charged by the lower court of mistake of facts as to the facts charged of defamation in the course of using the information and communications network against victim H in the case of the lower court 2013 Godan2827, the lower court found the Defendant guilty even though this was made in accordance with the public interest purpose, and there was an error of law that affected the conclusion of the judgment by mistake of facts, which affected the conclusion of the judgment.
B. Regarding the part of the lower court’s acquittal, the key issue is as to (i) the facts charged of defamation of false facts using the information and communications network against the victim E on May 6, 2012 and May 9, 2012 is that the facts alleged are false facts in light of the victim’s consistent statement. As to the facts charged of defamation of false facts using the information and communications network against the victim E on October 26, 2012, the lower court found the victim guilty of the facts charged, in light of the principle of presumption of innocence, etc., since the victim’s accusation of false facts against the victim E on October 9, 2012, 2012, (i) the victim’s accusation of false facts using the information and communications network on October 25, 2012, and (ii) the victim’s statement that the victim was indicted for violating the Public Official Election Act, and (iii) the victim’s accusation of the facts alleged in his/her own broadcast constituted an unlawful act of defamation.
2. Before making ex officio judgment on the grounds for appeal by the defendant and the prosecutor, the case is examined ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor, and the prosecutor shall not be found guilty among the facts charged at the trial of the court below.