beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not have intention of defamation, and only posted a article on the Blog inevitably for the benefit of the public.
B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.
2. Determination
A. In determining the misunderstanding of facts and misapprehension of the legal doctrine, “the purpose of slandering a person” in the crime of defamation by means of publication of judgment on the assertion of misunderstanding of facts or information and communications networks, or “the purpose of slandering a person,” is to determine whether a person is the purpose of slandering a person, by considering the overall circumstances, such as the content and nature of the relevant statement, the scope of the other party to whom the publication of the relevant fact was made, the method of expression, etc., and the degree of infringement of reputation that may be damaged or damaged by the expression, etc. At the same time, the determination is made by comparing and considering the degree of infringement of reputation that is likely to be damaged or damaged by the expression. This is in conflict with the direction of an actor’s subjective intent, as it requires intention or purpose, and is for public interest (see, e.g., Supreme Court Decision 2003Do6036, Dec. 26, 2003). In light of these legal principles, the court below duly
In addition, it is recognized that the main motive or purpose of the defendant is not related to the public interest, and the defendant has the purpose of slandering the victim.
In this regard, the judgment of the court below that convicted the defendant is just and acceptable, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as alleged by the defendant in the judgment below.
B. In full view of the judgment of the instant case and the various sentencing conditions shown in the pleadings, the Defendant’s appeal grounds.