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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.11.21 2013노377
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

Summary of Grounds for Appeal

As the Defendant alleged misunderstanding of facts or misapprehension of legal principles did not have the intent to defame the victim, or for the public interest, the illegality of defamation is dismissed, and even if there was no intent to interfere with the business, the lower court convicted the Defendant by misunderstanding of facts or misunderstanding of legal principles.

The court below's sentence (one million won of fine) against the defendant claiming unfair sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the argument of misunderstanding of facts or misapprehension of legal principles, it is recognized that the defendant had a criminal intent or a purpose of slandering each of the crimes of this case, and it does not constitute a misunderstanding of illegality.

In particular, the fact that Defendant E has no second entry into Korea or forged a passport is recognized, and that the Defendant committed each of the crimes of this case is larger based on the statement of P, which is conducting international marriage brokerage business, and P appears to be in competition with the victim even though it appears to be a person engaging in international marriage brokerage business like the victim, the Defendant may be found guilty in view of the following: (a) it can be recognized that the Defendant had the intention to commit the crime of this case or the purpose of slandering with the victim’s statement; and (b) the language of the writing posted by the Defendant is conclusive.

Defendant’s assertion is without merit.

The judgment on the assertion of unfair sentencing has no criminal record, and there are some points to consider the circumstances of the crime, such as the withdrawal of the married spouse upon introduction from the victim, and the prosecution on part of the first charge has been revoked in the court below, and all the records and arguments of this case, including the defendant's age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, etc.

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