The defendant shall be innocent.

1. The Defendant is a person who runs a travel-free day.

피고인은 2018. 4. 22. 04:57경 부산 연제구 B, C호에서 ‘D 자유게시판’에 ‘E’라는 아이디로 접속하여 “안녕하세요”라는 제목으로 D과 F와의 관계 및 상황을 물어보는 댓글에 “G이 D에 빨대 꼽아서 돈 쭉쭉 빨아먹고 회사 재정을 엉망으로 만들어, 어느 날 갑자기 탈주하여 새로운 업체에서 리뷰를 하고 석 달 넘게 D을 비방하고 언플하는 엿 같은 상황이였습니다.”라고 댓글을 작성하였다.

Accordingly, the defendant has damaged the reputation of the complainant by revealing publicly false facts through information and communication network with a view to slandering.

2. According to the records, it is recognized that a considerable amount has been paid to the complainant (G) under the name of the provisional payment, provisional payment, and monthly payment (the rapid increase of at least three times during the short term to KRW 18 million) in the Dispute Resolution Co., Ltd., which led to the aggravation of the financial situation of the Dispute Resolution D, and that the complainant (G) has set up a new company after withdrawing from the Dispute Resolution Co., Ltd., and then criticizes the Dispute Resolution Co. or its representative.

In light of these circumstances, although some exaggerations and improper expressions are included in the above comments, the evidence of the submission of the examination alone cannot be readily concluded that the contents of the above comments are false, and it is difficult to deem that the defendant was aware that the contents of the above comments were false.

In light of the contents of the above comments, the preparation process of the defendant, the progress of the dispute between the D and the complainant, etc., it is difficult to deem that the defendant has a purpose of slandering the complainant (G).

3. In conclusion, the above facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act