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The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The contents written in the article posted by the Defendant of mistake of facts alone cannot be deemed to have been identified by the victim, and the Defendant merely posted an article for the purpose of widely notifying some of the FF Association and its executives about the strike fighting or unfair treatment of athletes, etc., and did not insult the victims. However, the judgment of the court below which found the Defendant guilty is erroneous in matters of mistake of facts.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. 1) Determination of the assertion of mistake of facts is not necessarily required to establish the crime of defamation against the assertion that the victim did not specify the victim's name. If a statement of fact without the victim's name can be identified by comprehensively and comprehensively determining and determining the contents of the expression, it constitutes defamation against the specific person (see, e.g., Supreme Court Decisions 82Do1256, Nov. 9, 1982; 2005Do2316, Jun. 10, 2005; 2005Do2316, Jun. 10, 2005). The same applies to the crime of defamation against a person's external reputation, which is a social evaluation of human value, as well as the crime of defamation, whose legal interest is to protect.
In light of the above legal principles, the following circumstances are acknowledged by the evidence duly adopted and investigated by the court below. In other words, the defendant, as stated in the facts charged of this case, refers to "F Association" and "the head of the organization," and he was selected by the head of the organization before the ice-math, but he led the players as the head of the organization in the world conference before the ice-math, and led the players as the head of the organization.