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(영문) 서울중앙지방법원 2014.01.22 2013노4056
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the first instance shall be reversed.

The defendant shall be innocent.

Reasons

1. Scope of adjudication and summary of grounds for appeal;

A. Of each of the facts charged in this case, the court of first instance found the Defendant guilty only of “the president of the D Marriage Information Company is a person who commits corruption,” and found the Defendant not guilty of the facts charged in the part “the D president is a person who makes late payment of wages,” on the grounds of the judgment, and appealed only the Defendant against the judgment of the court of first instance, although the non-guilty portion of the reasoning in the judgment of the court of first instance was also transferred to the court of first instance, the part is deemed to have already been subject to public defense between the parties. Therefore, the conclusion of the judgment of the court of first instance is followed, and only the guilty portion recognized in the judgment of the first instance is determined as follows

B. misunderstanding of facts or misunderstanding of legal principles as to the gist of the grounds for appeal (the paper posted on the information and communications network by the defendant does not constitute an expression of opinion, even if it falls under the statement of facts, but does not constitute a crime of defamation or a crime of interference with business by spreading false facts since there was no false fact at the time, and there was no false fact). 2. The summary of the facts charged in this case on March 26, 2013, the defendant, around 400 persons who joined the above company as members through the Internet site "Netion" for the purpose of slandering the victim E, who was the representative director of the corporation Da, Seoul Seocho-gu 102 and 1003, around March 26, 2013.

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