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(영문) 의정부지방법원 2017.06.12 2017노372
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The purpose of this case’s notice is to keep a strong warning of the crime of sexual indecent acts committed by not only the victim but also by misunderstanding the legal principles, which constitutes a justifiable act that does not go against the social rules, and thus, illegality is excluded.

B. The sentence of the lower court’s unfair sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) Determination of misapprehension of the legal doctrine as to the assertion of insult refers to an abstract judgment or sacrific sentiment that could undermine people’s social assessment without a statement of facts (see Supreme Court Decision 2008Do2025, Aug. 21, 2008). Even in cases where an article contains such insulting expressions, the motive, circumstance, and background behind posting the article, the overall purport of the article, specific method of expression, necessary logical and objective validity of the premise, the degree of the insulting expressions to the entire text, and overall relation with their overall contents, should be considered in light of the motive, circumstance, and background of posting the article, and the overall purport of the article, as well as the overall purport. However, even if the article is merely used in the process of emphasizing one’s own judgment and opinions, it should be deemed that it does not constitute a violation of Article 208 of the Criminal Act’s penal rule, as well as Article 201 of the Criminal Act’s penal rule.

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