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(영문) 인천지방법원 2013.12.12 2013노3134
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one million won suspension of sentence of a fine) is too unhutiled and unfair.

2. The facts charged in this case did not have any criminal power against the defendant, and the defendant posted false comments to the effect that the victim is a member D, on the Internet, and the Supreme Court rendered a judgment that the above comments constitute innocence because they cannot be seen as false in criminal cases against other persons who inserted the same article as this case. Accordingly, in this case, the prosecutor modified the indictment as a crime of insult, and the defendant led to the confession and the confession of the defendant. The defendant does not directly write his writing, but copied and printed on the Internet, and other various circumstances that form the conditions for sentencing as prescribed in Article 51 of the Criminal Act, such as the background of the crime in this case, the circumstances before and after the crime, the age and character of the defendant, and the environment, etc., it cannot be said that the sentence of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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