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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000 ($00,000).
The above fine shall be imposed on the defendant.
Reasons
1. Summary of the Reasons for Appeal: The Defendant’s assertion of misunderstanding of facts (only the instant text was inserted in the course of explaining the victim’s interference with his duties, and the Defendant’s assertion of misunderstanding of facts that did not have any intention is not “false fact.” The Criminal Act, etc. of the Republic of Korea, etc. also imposes criminal punishment in cases where the content of the Defendant’s assertion of mistake of facts is widely notified not only through “false fact” but also through a wide range of people’s awareness of “human fact” is subject to criminal punishment (in cases of the Criminal Act, Article 307(1) and Article 307(2) where a statement of “human fact” is indicated, and Article 307(2) where
A) However, the instant case does not punish the Defendant to publish or publicly indicate “false facts” on the Internet bulletin board, but is subject to criminal punishment on the ground that the content of the Defendant’s publication is “actual facts,” thereby slandering the victim or impairing his reputation (Article 307(1) of the Criminal Act and Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.). Therefore, the Defendant’s assertion is due to erroneous mistake in the contents of the instant penal punishment, and thus, is not a justifiable ground for appeal. It is not a separate ground for appeal) and unreasonable sentencing
2. Determination
A. In light of the fact-finding facts, in light of the circumstances, such as the phrases and expressions used by the defendant against the victim, the details of the publication, and the details related to the criminal act of the victim, etc., it is recognized that the defendant had the intention to defame or defame the victim by directly publishing the contents related to the criminal act of the victim or widely informing the residents of the contents thereof.
We do not accept the Defendant’s assertion of mistake that there was no objection.
(b).