(영문) 수원지방법원 2017.05.26 2016노5304



The prosecutor's appeal is dismissed.


1. According to the evidence submitted by the prosecutor of the gist of the grounds of appeal, even though the defendant sufficiently recognizes the fact that the defendant posted this case for the purpose of slandering the victim, not the public interest, the court below is difficult to recognize the purpose of slandering the victim.

In light of the above, innocence was pronounced.

Therefore, the lower court erred by misapprehending the facts and legal doctrine.

2. The lower court’s judgment, based on its stated reasoning, has somewhat insulting expressions against the victim in this case.

Even if the defendant is not intended to slander the victim, it can be deemed that the defendant posted the article of this case for the public interest to inform the residents living in the region where the victim is residing of the fact that the victim's sexual indecent act is suspected and to prevent damage.

The decision was determined.

Therefore, the court below, based on the evidence submitted by the prosecutor, intended to defame the defendant.

It is difficult to see that there is no other evidence to acknowledge it, and thus, the defendant was acquitted.

3. In full view of the following circumstances, the lower court’s position as the chairperson of the victim’s representative meeting recognized by the evidence duly adopted and examined by the lower court as the chairperson of the victim’s representative meeting, the nature and composition of limited members of the Internet car page, the overall contents of the instant text, the developments leading up to the posting of the instant text, and the following circumstances, it is justifiable for the lower court to have acquitted the Defendant.

① According to the record submitted by the Defendant in the lower court and the party trial, the victim seems to have made a very insulting speech, etc. on women to the residents of the usual community.

(2) The victim himself/herself was suspected of engaging in sexual indecent conduct on the Internet car page and his/her own think about it, and escaped from the scene of the case.