logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.05.02 2018노1635
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is difficult to view that the Defendant requested D to send text messages to the Defendant in the process of confirming the illegality of the victim C, and the Defendant merely respondeded to such request, considering the circumstances, etc., it is difficult to deem that the Defendant had an intent to recognize the possibility of radio waves and to accept the risk.

Therefore, the judgment of the court below which convicted the Defendant of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation).

2. The following facts and circumstances revealed through the evidence duly adopted and examined in the judgment of the court below and the court below, i.e., the defendant already known that D had been involved in the victim's misconduct due to different circumstances, and the defendant had already known that D had requested the defendant to answer to verify the fact. However, D stated in the court below that "the defendant was aware of the fact that "the victim was at least three million won as a result of the victim's accident" in the court below's first known from the defendant, it is difficult to believe the defendant's argument about the circumstance of the occurrence of the above text message as it is. ② At the time, D and the victim were involved in the election of the manager at the office of the office of the owner of an officetel, and the defendant was also aware of the above circumstances as the manager of the management division, and the defendant was well aware of the above circumstances, and it appears that D's duty or status could have been sufficiently notified to many and unspecified persons.

arrow