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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the Defendant by mistake of facts, since the products sold by the injured party are likely to be valuable products, the Defendant stated false facts.
It shall not be readily concluded.
B. The sentence of the lower court (an amount of KRW 5,00,000) that is unfair in sentencing is too unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts
A. Summary of the facts charged 1) The Defendant, in violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) around 20:41 on May 3, 2016, connected to the NA, Seo-gu, U.S., 103 Dong 2002, to the NAV “D” car page at his/her own residence, with a Handphone, and connected to the NAE.
ㅠㅠ” 제하 “ 일산에서 J 침대 매트리스 보러 다녀왔어요
At present H Titrrrrrhe had been moving to as if the product was a new product.
(b) Mea sa sa sa sa sa sa sa sa sa-sa.
(Haym) by means of inserting a notice on the inside of the word “influence”, the victim’s reputation was undermined by disclosing any false fact openly.
2) The Defendant interfered with the business operation of H by spreading false facts, such as the preceding paragraph, thereby interfering with the business operation of H operated by the victimized person.
B. The lower court found all of the charges guilty based on the evidence adopted by the lower court.
(c)
(1) The facts constituting the elements of a crime charged in a criminal trial on the part of the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) have the burden of proof, regardless of whether it is a subjective or objective element. Thus, in the case prosecuted for defamation of reputation through an information and communications network indicating false facts under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., the fact alleged that the social assessment of a person was revealed