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(영문) 수원지방법원 2018.01.19 2017노3479

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant merely sent the contents from H’s currency to the message, and did not transmit false facts to the victim for the purpose of slandering the victim.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding of facts and legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim’s voluntary operation, such as expulsion of his or her critical members or the use of his or her branch for his or her political purposes, appears to be the first speech of H in H’s currency; ② the H appears to have responded to or presented a general opinion on the above problem raising in the Defendant’s currency; ③ H appears to have been unaware of the specific circumstances of the king-si branch prior to hearing the above problems from the Defendant, such as the name of the original member and the use of the political purpose; ④ H presented a general opinion as above, and ④ there was no specific need to reform the king-si meeting, and ④ prepared the opinions of the entire members of the Council about the issues of defamation, and presented the opinions of the Defendant at the time of his or her debate.