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(영문) 창원지방법원 2015.01.28 2014노1916
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding ① Contents of e-mail sent by the Defendant does not constitute a threat of harm, and there was no intention to threaten the Defendant.

② The article posted by the Defendant on the Internet website of the news T&W system is true, and there was no purpose to defame the Defendant.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) according to the evidence submitted by the Defendant at the trial around February 17, 2012 at the trial around February 17, 2012, the e-mail was sent to the Chairperson on February 11, 2012; (b) it is reasonable to deem that the e-mail was an obvious clerical error in the business plan around February 6, 2012, and thus, it is deemed that the e-mail was an obvious clerical error in the business plan around February 17, 2012, and that it would be deemed that the e-mail would have been sent to the victim C by submitting the e-mail list to the e-mail “C Chairperson” and the e-mail would have been sent to the Chairperson as an unjust clerical error, and the e-mail would have been sent to the C Chairperson by submitting it to the e-mail with the approval of the business plan that would have become invalid or invalid by submitting it to the e-mail.

Accordingly, the defendant threatened the victim.

2. The lower court’s judgment is guilty of this part of the facts charged by integrating the evidence as indicated in its judgment.

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