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(영문) 대구지방법원 2017.10.20 2017노420
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ act of asserting that there is no misunderstanding of facts and legal principles (defendant 1) constituted the element of the crime of defamation or defamation of reputation, in light of the following: (a) the Defendants’ act did not specifically specify the damaged person in the timely contents; (b) the important part of the timely contents falls under objective facts and cannot be deemed false facts; and (c) the purpose, possibility of dissemination, and lack of performance, etc. of defamation, does not constitute the element of the crime of defamation or defamation of reputation.

2) The details of the Defendants’ assertion that illegality is excluded are revealed to be considerably true, or there was considerable reason to believe that the Defendants were true, and the contents for the public interest, so the illegality is excluded in accordance with Article 310 of the Criminal Act.

B. Sentencing 1) The sentence sentenced by the lower court to the Defendants (Defendant A: 10 months of imprisonment, 2 years of probation, 200 hours of community service, 200 hours of imprisonment, 6 months of probation, 2 years of probation, 120 hours of community service, Defendant C and D: each imprisonment, 8 months of probation, 2 years of probation, 160 hours of community service, 160 hours of community service) are too unreasonable.

2) Each sentence sentenced by the prosecutor by the court below to the Defendants is too unhued and unreasonable.

2. Determination

A. As to the Defendants’ assertion that there is no misunderstanding of facts and misapprehension of legal principles, the lower court also asserted the same purport. On the grounds delineated below, the lower court determined that the Defendants’ act satisfies the elements of the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and the crime of defamation of reputation.

(1) The expression “the current political person,” “AC member,” “State executive officer from the place of public announcement,” and “H election” as indicated in the statement, and the actual injured person, as stated in the opinion of the press, have the background of divorce at the time of election.

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