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(영문) 인천지방법원 2015.06.25 2014노4801
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant’s comments on the “F” free bulletin board of the Internet evasion site’s “F” are true and for the public interest of the union members. Thus, it is deemed that illegality is avoided under Article 310 of the Criminal Act, but the lower court erred by misapprehending the facts charged.

2. According to the evidence duly adopted and examined by the court below and the court below, it is recognized that the defendant, without confirming the authenticity of the evidence based on objective grounds, prepares comments on the content different from the truth only on his own side or her own initiative, thereby impairing the honor of the victim as stated in the facts charged of this case.

In addition, as long as the defendant committed defamation by publicly alleging false facts, Article 310 of the Criminal Act regarding the defendant's above act is not applicable to the defendant's above act, so the above argument by the defendant cannot be accepted.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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