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(영문) 수원지방법원 2014.05.01 2013노5215

무고등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The contents of defamation, violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) as indicated in the lower judgment, and the civil petition and accusation constitute a false fact, not a false fact.

Therefore, the crime of false accusation is not established, and the defendant's distribution of the same contents is for the public interest, so there is no illegality.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of the legal principles, each content of the defamation crime, violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and the charge of false accusation, and the gist of the accusation are as follows: ① obtaining the victim C’s U.S. Plua University’s master’s degree and doctor’s degree are false; ② “victim’s research visit professor’s career at a non-permanent university in 2006 to 2007 is false; ③ “victim E’s research visit professor’s career at a non-permanent university is false.”

In full view of the following facts acknowledged by the evidence duly adopted and investigated by the court below and the court below, it can be sufficiently recognized that the contents of defamation, each of the crimes of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) as stated in the judgment of the court below, the civil petition of the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation

(1) According to the victim C’s sexual certificate, school attendance certificate, etc., the victim C obtained a master’s degree from the U.S. Pluda University in 193, the victim C’s master’s degree course in 193, the spring semester in 1994, the summer semester in 194, the family semester in 194, and the spring semester in 1995. < Amended by Presidential Decree No. 14835, May 6, 1995>