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All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Not so, there is room to view that the Defendant’s use of words such as fraud, laundry, and so on due process of misconception of facts and incomplete hearing is a statement of false facts, but it is not so.
Even if the defendant goes through the excessive, and puts a notice on the victim by using a large number of words that are dissatisfy and colored, and in light of the above expression methods, the purpose of slandering the victim of the defendant is sufficiently recognized.
Therefore, the judgment of the court below which acquitted all of the charges of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) due to the statement of false facts in the facts charged of this case, although at least the point of "Defamation caused by false facts" as to the article posted by the defendant is sufficiently recognized.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (500,000 won of a fine) is too uneasible and unfair.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor filed an appeal against the judgment of the court below as well as the court below's decision to hold a joint hearing. In addition, the prosecutor shall maintain each of the previous facts charged as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to the statement of false facts not guilty in the judgment of the court below among each of the facts charged in the case of this case, and applied for the amendment of indictment to add each of the facts charged as preliminary applicable provisions of Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) as stated below, and the subject of the judgment was changed by this court's permission.