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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 80,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (definite) ① each expression of the facts charged in the instant case was made in the Internet game “ribrid Embrid” Embrid (hereinafter “instant channel”) in a state in which only the Defendant and the victim participated, and there was no performance. ② The victim was in fact contacted with the Defendant’s female-friendly group, and each expression of the facts as of August 26, 2013 and October 4, 2013 is not a statement of false facts.
Although there are some circumstances, the lower court convicted the whole of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.
2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor accepted the above argument among the grounds of appeal by the defendant. (2) The facts charged as to defamation of false facts using the information and communications network as of August 26, 2013 and October 14, 2013 among the facts charged are the same as the facts stated in paragraphs (1) and (3) of the facts charged, and the applicable provisions were changed to “Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.”, respectively, and the court made an application to change the contents of indictment to “as the facts charged as to defamation of false facts using the information and communications network as of August 26, 2013, the court below made an application to change the contents of indictment to “as the members report about 10 members,” among the facts charged as to defamation of false facts using the information and communications network as of September 1, 2013, each of the changes to the name “as of September 13, 2013.”
However, each of the above reasons for ex officio destruction exist.