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(영문) 전주지방법원 2013.11.22 2013노939
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As stated in this part of the facts charged, the prosecutor (not guilty in the original judgment) destroyed the victim’s reputation by openly pointing out false facts on the information and communications network by posting photographs on the customer’s sound bulletin board, and there is sufficient evidence to support this.

Nevertheless, the court below found the defendant not guilty on the ground that there is no evidence to acknowledge it. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The Defendant (guilty in the judgment of the lower court) did not indicate false facts in D organization’s next carpet bulletin board, and even if the Defendant’s timely statement was false, the Defendant believed that it was true and there was a reasonable reason to believe that it was false, and thus, the Defendant did not have awareness that it was false.

The Defendant’s timely facts are related to the public interest when objectively viewed, and the Defendant believed that the facts were true, as well as the statement of such facts for the public interest, and there were reasonable grounds to believe that such facts were true, the Defendant’s act is dismissed from the illegality.

Nevertheless, the court below accepted this part of the facts charged and found the defendant guilty. The court below erred by misapprehending the legal principles as to defamation or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Determination 1 on the Prosecutor’s argument in this part of the facts charged is a person who was a member of the D organization. The Defendant, around December 2, 2012, became a member of the D organization, at the commemorative events for 14 weeks in the D organization and at the general meeting of the D organization, was infinite with respect to the facts that he/she was expelled. The Defendant, around October 27, 2012, is a bulletin board (L) stating the sound of customers on the C’s website (L) operated by the victim G’s fraud (hereinafter “instant bulletin board”).

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