The defendant shall be innocent.

1. The summary of the facts charged in this case is that the Defendant is the members of the father-si Branch of the Group B, and the victim C is the members of the father-si Branch of the above Group B.

On January 15, 2018, the victim posted a notice on the Internet homepage of the B organization, stating that E, the vice president of the above B organization, is a member of the D organization, and that E, the vice president of the B organization, is a member of the B organization, who is a member of the B organization.

피고인은 2018. 1. 17.경 B단체 홈페이지 자유게시판에 ‘C님의 글을 읽고 ’라는 제목으로 “D, F 회원들이 B지회 사무실 드나드는데 지회장님은 절대로 탈퇴하라는 말은 하지 않았으며 오직 B단체에 불철주야 회원을 위해서 열심히 업무에 충실한 지회장 이십니다. 그 누군가는 이번 사건을 무마 하려면 돈을 요구 했다는 말이 들리는데 사실 껄껄한 일이며 정말 한탄스러운 노릇입니다.”라는 글(이하 ‘이 사건 게시글’이라 한다)을 게재하였다.

However, there was no fact that the victim did not demand money for the settlement of the case.

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

2. Relevant legal principles

A. The crime of defamation is established when a certain person or an organization possessing a character damages the reputation of a certain person or an organization that has a character, so that the victim needs to be specified and that the victim does not constitute defamation.

B. (See, e.g., Supreme Court Decision 99Do5407, Oct. 10, 2000).

Inasmuch as the facts constituting the elements of a crime charged in a criminal trial are the prosecutor’s burden of proof, whether it is a subjective element or an objective element, a person who was prosecuted for defamation through an information and communications network indicating false facts under Article 70(2) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 9119, Jun. 13, 2008).