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(영문) 의정부지방법원 2017.08.31 2017노12

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to interference with business, the Defendant did not enhance the speech of the nurse at the time of the instant case, did not interfere with other patients’ diagnosis and treatment, and only passively resisted the victim’s unfair behavior.

2) As to the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation), the victim refers to the Defendant’s “cusp” column, and the lower upper part of the Plaintiff’s Mebane, which are the combined part of the Plaintiff’s Mebane.

A large volume of deleteds, which refers to the situation of contact between a long time and upper part that occurs when the oclus flows, which is formed in order to create a framework.

The term “baloccal balance” is a method of unity given when he / she executes her molds to a person who does not do so, and is a corresponding concept corresponding to the “baloccal equity”, which is the basic method of unity of the person in whose case he / she exists.

The term "oclusal management" means the modification of any opportal contact that causes excessive opportunities through selective elimination, and the term "oclusal equity" means the modification of the location of the opportune and the function of the opportune through the adjustment of the opportune.

applicable to activities.

The victim made a false statement on the treatment of the defendant in order to conceal the above facts.

Therefore, all posts on this part of the facts charged that the defendant posted on Blobs are indicated, and it is not a statement of false facts.

3) Nevertheless, the lower court erred by misapprehending the legal principles as to all the facts charged of this case.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. The lower court determined as to the assertion of mistake of facts.