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(영문) 서울중앙지방법원 2015.04.16 2013고단289 (1)

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2012, the Defendant was sentenced to ten months of imprisonment for violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) at the Seoul Central District Court, and the said judgment became final and conclusive on October 31, 2013.

With respect to the legality of approval of manufacturing methods for 'B', the Defendant, on November 13, 2006, filed a petition with the Ministry of Government Legislation for the interpretation of the relevant Acts and subordinate statutes as to whether the electricly decomposed water used in 'B' is in conformity with the Drinking Water Management Act, and instead of whether it falls under the quality standards for drinking water under Article 5 of the Drinking Water Management Act, can be used as manufacturing water for food under Article 7 of the Food Sanitation Act if it satisfies the quality standards for drinking water under Article 5 of the same Act, regardless of whether it falls under the drinking water under Article 3 of the Drinking Water Management Act.

In addition, the Defendant received a majority of the answers to the effect that, with respect to the legality of approval of manufacturing method for the tenant, “B” from May 2006, the transferor, the Defendant made inquiries to the Food and Drug Administration and the Ministry of Environment on several occasions to the effect that, even if he changed the hydrogen ion concentration of drinking water by electrical decomposition, the Defendant may use it as drinking water if he satisfies the standards for drinking water quality, and therefore, it is possible to use it as drinking water even for manufacturing water.

In addition, on November 15, 2008, the court rejected not only the acquisition of small liquor manufacture licenses by the "C" against the case of applying for the suspension of sale against C Co., Ltd. (hereinafter "C") (Seoul Central District Court 2008Kahap2804), which was filed by the Defendant on November 15, 2008, pursuant to Article 40 of the Enforcement Rule of the Food Sanitation Act, which is a superior norm to the food industry, but also does not fall under the definitions of drinking water as provided in the Drinking Water Management Act, but also the Seoul Central District Court in the case of damages filed by C against the Defendant etc. on March 25, 2009.