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(영문) 광주지방법원 2015.12.08 2015노1764

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, on August 4, 2014, posted on the Internet the same text as that written in the facts charged, and the same year.

8.4.Departments;

8.7. Two times on July 2, 198, the fact that text messages of the same content were sent to the members of the F&N association (hereinafter “association”) were sent, but there was no purpose of slandering the victims.

B. The defendant for the same year

8.9. Departments

8. On 16. 16. Union’s text messages sent to the representatives of the union the same contents as the facts charged, and the contents of the text messages were true and did not aim to defame the victims.

2) The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

B. On August 5, 2014, the lower court erred by misapprehending the legal doctrine, which acquitted the Defendant of defamation, even though he/she distributed printed materials to the executive officers of the union on August 5, 2014 for the purpose of preserving the position of an acting director of the association and promoting personal opinions.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles on August 4, 2014

8. 7. As the court below explained, ① the content of the text message sent by the defendant is limited to the fact that victims were indicted for defamation, and does not include all the contents related to the board of representatives of the union; ② the defendant sent the above text message and text message to 1,722 union members who do not attend the board of representatives; ③ The text message sent by the defendant to some union members is added to the contents that seem to directly criticize the victims. In full view of the above, the defendant posted the same article as the facts charged on August 4, 2014 for the purpose of slandering the victims, and the same year.

8.4.Departments;

8.7. The same text messages are sent to members.