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(영문) 서울서부지방법원 2019.08.13 2019노100

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In regard to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Violation of the Act on Promotion, etc.”) of Information and Communications Network Utilization and Information Protection (hereinafter “Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection”) as indicated in the judgment of the court below, the Defendant posted this part to find the victim C, and the above notice does not contain any content that undermines the social evaluation of the victim. As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), the contents of the above notice do not constitute a statement of fact.

In addition, the defendant did not have any intention to impair the honor of the victim in preparing the notice mentioned in the above 1, 2, and 3. 2) The criminal facts of the judgment of the court below are the same.

(4) As to the violation of the Fair Trade Act (Defamation), inasmuch as M is the only answer to the fact that M is aware of the victim, and that M was found as the victim, and the reason was asked, and the answer to this question was made against his husband, there was no intention to defame the victim, or to impair his reputation. In addition, the possibility of spreading defamation is not recognized. 3) The criminal facts in the judgment of the court below.

With respect to intimidation, if the defendant expresses that he would have the parents of the victim, the victim would have been aware that the victim would have been in incompetence and sent text messages, and therefore, the defendant did not have the intention of intimidation.

4) Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of the Defendant’s violation of each of the tort of violation of the Fair Trade Act (Defamation) and intimidation. However, the lower court’s sentence (a fine of five million won) declared by the lower court is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. Criminal facts stated in the judgment below

1) The facts charged in this part of the facts charged as to the violation of the Fair Trade Act (Defamation) of each of the subparagraphs 1 and 2

A. The Defendant on January 28, 2017.