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(영문) 대전지방법원 2018.04.18 2017노2799
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles, the Defendant posted comments on the comments stated in the judgment below for the public interest, and there was no purpose of slandering the victim.

In addition, in the article above, the chairman of the Dong representative's meeting "I cannot see how much he can drink.

The part is that the opinion is written, and the remainder is true, and there is no false fact.

Therefore, the judgment of the court below which found the defendant guilty of the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) is erroneous in the misapprehension of legal principles

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

2. Determination

A. Determination 1 on the argument that there was no purpose of slandering the legal doctrine is also the same in the lower court’s judgment. However, the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly adopted and examined, and rejected the aforementioned argument by the Defendant on the grounds of detailed reasons in the part of “determination on the Defendant and the defense counsel’s assertion.”

The following circumstances cited by the court below, which are acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, the defendant does not have a record of proving the fact that the victim received unjust money from E, but has a record of recording as if the victim had such record, and had already been selected as a defective repair business entity under the apartment agreement.

Although allowing E to proceed with the repair of defects is not a violation of the procedure, the Defendant’s text and nature, the method, motive, and expression posted by the Defendant, considering the following: (a) the Defendant violated the procedure without any particular confirmation and written comments as if he were to force E and the repair of defects.

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