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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles merely posted the comments (hereinafter “instant comments”) of the same contents as the written facts charged on the Internet NAV car page by another person. Thus, in order to intentionally impair the honor of the victim, the Defendant does not intentionally posted the instant comments, but cannot be deemed to have caused economic damage to the victim’s work solely on the Defendant’s instant comments.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts or misapprehension of legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the defendant, on July 7, 2010, posted the comments related to E operated by the victim, which was drafted and posted on the Internet NAC bulletin board on February 7, 2010, with the purport that "at the same time as the number of franites is being used on the bridge in Chuncheon, the large number of franites, or on the gransium or the gransium," which read the comments of this case to the effect that the victim did not use the grasium at the investigative agency, the defendant merely stated that he did not use the grasium in the grasium, and that the defendant did not read the comments of this case to the purport that "at any time when he did not use the grasium or other means of questioning the victim," regardless of the fact that the defendant did not use the grasium to search the Internet or other means of the defendant's.