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(영문) 서울중앙지방법원 2017.10.27 2017노697

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The contents written by the Defendant misunderstanding the facts and misapprehension of the legal doctrine are not false, but the Defendant posted comments on the comments for the public interest at the time of warning the risk of sexual assault damage. Therefore, there is a reason to deny illegality.

B. Sentencing is unfair because it is too unreasonable that the sentence imposed by the lower court (an amount of five million won) against the Defendant, which was sentenced by the lower court.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s statement was false and posted comments solely on behalf of the public interest.

shall not be deemed to exist.

Therefore, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.

(1) A person who was suspected of engaging in sexual indecent conduct.

I has already been released from the office of the chairperson of the victim F organization (hereinafter referred to as the "victim F organization") around July 2013.

(2) There is suspicion that I commits an indecent act against sexuality.

Even if this constitutes an act of personal misconduct of I, it cannot be the same as that of the victim's association, unless there are special circumstances, and I is more so more so after I is released from the office of the chairperson of the victim's association.

However, the time when the defendant posts comments on the comments is already after I is released from the position of the chairperson of the victim's association.

In addition, even if the content of the comments posted, the purport of this article is that the victim's association itself, not an individual, is related to sexual indecent acts, and thus, it is necessary to judge that the victim's association itself is concerned with sexual indecent acts.

However, only the data or circumstances alleged by the defendant are that I still operates the victim's association even after the victim's association chairperson was left at the victim's association chairperson, or that there is a risk of continuously engaging in sexual harassment within the victim's association.

It is significantly insufficient to view.

(3) Victims shall damage.