Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
Reasons
1. According to the evidence of the grounds of appeal, it is difficult to recognize that there was a purpose of slandering the defendant only with the evidence submitted by the prosecutor, even though it is sufficiently recognized that the defendant posted the same article as the facts charged in this case on the Blog for the purpose of slandering the defendant.
The judgment of the court below is erroneous in finding facts.
2. Determination
A. The summary of the facts charged is that the Defendant, at the Internet portal site “Nber,” operates the Brob “C” (D) and the victim E (V2) is the 20 member of the National Assembly who belongs to the F Party.
On July 4, 2016, the Defendant was the victim of the e-mail that he was unfairly a person of distinguished service to the 5th 18th 18 Gwangju Democratization Movement. On July 4, 2016, the Defendant connected the above e-mail by using a computer from Dongjak-gu Seoul Metropolitan Government, the Defendant’s residence, and then became a person of distinguished service to the 5th 18th e-mail democratization movement, the Government of I government, on the ground that he was a female citizen group at the time of 5th 18th 201 for the purpose of slandering the victim.
E is a member of the F Party who was born in K at the time of the stay in J, was working as a social movement, was elected from L government to M, and was elected in the 19th presidential election in 2012 and entered the National Assembly.
(b) At the time of May 18 (1980), he was a second-year student of Seoul NN High School.
In that sense, at the time of May 18, 16, 16 fake E was a citizen, and it should be identified as whether he/she was a person of distinguished service to the democratization of May 18, 200.
anti-government democratization movement;
As a result, it is not selected as a person of distinguished service, it is necessary to clarify the list of persons of distinguished service 5 18 / 18 / 18 , and clarify the public contents and the list of persons of distinguished service, and it is necessary to us to see so-called a cheon-man Nom
(b) If a person is not one of the persons of distinguished service for democratization 5 18th and 18th, which was removed from the Republic of Korea’s Republic of Korea’s Republic of Korea.
(b) The F Party is a national of the Republic of Korea by clarifying the truth, such as the process of selecting persons of distinguished service to the Republic of Korea, E-5 and 18.