beta
(영문) 서울서부지방법원 2013.04.18 2012노1411

명예훼손등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The Defendant’s defamation was posted on the Ccontractor’s website on February 8, 2010, but this part of the facts charged that the Defendant had damaged F’s reputation by misrepresenting false facts, although he did not posted a notice that E had filed a complaint against F, and that F had paid D KRW 80 million as a bribe, the lower court convicted him of this part of the facts charged, which affected the conclusion of the judgment.

As long as the defendant has posted the contents that 3,000 sectional owners should naturally know for the benefit of the public, the crime of defamation is not established against the defendant.

The lower court found the Defendant guilty of the offense of insult among the facts charged in the instant case, but omitted the judgment on the Defendant’s assertion of innocence. In so doing, the lower court erred by misapprehending the legal doctrine on the omission of judgment.

On June 22, 2012, the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Leakage of Personal Information, etc.) was revoked on the charges of violation of Information and Communications Network Utilization and Information Protection Act (hereinafter “Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection and Information Protection, etc.”) and on the charges of violation of Act on Promotion, etc. of Information and Communications Network

Since the Defendant, as a general manager of the candidate's election held in the election of the management body of the shopping mall, acquired a list stating the telephone number and address of the owner of the C shopping mall, the above list cannot be deemed to have been received for an unlawful purpose, and the Defendant did not recognize that the telephone number and address recorded in the above list were personal information leaked.

The summary of the violation of the Act on the Invalidation, etc. of Punishment among the facts charged in this case is sentenced by the defendant.