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(영문) 서울중앙지방법원 2017.10.12 2017노2754
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) did not contain the purpose of slandering the victim, and the Defendant’s act is dismissed as it is for the public interest.

2. The Defendant asserted as above in the lower court, and the lower court rejected the Defendant’s assertion on its reasoning.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below’s aforementioned determination is justifiable, and the Defendant’s mistake of facts and misapprehension of legal principles are without merit.

(1) The defendant has worked as the chairperson of the representative council of one occupant of the apartment house B.

On November 2016, there was a conflict of opinions between the occupants on the establishment and operation method of the Enice Center.

② On December 2, 2016, I, elected by the president of the two representative conference of occupants of the above apartment on the apartment rooftop, proposed that it was illegal to have a mobile carrier installed on the apartment rooftop and spent the rent in return for the installation of a mobile carrier, and refused to pay the remainder of the fee to be paid in return for the construction of the Nitice Center.

③ A person who supports the victim, etc., the husband of the defendant, etc., and those who support the defendant, such as the defendant, posted a letter to criticize each other in relation to the establishment of the above skin center in the above apartment occupant car page, etc.

④ In the process, the victim was issued a summary order of KRW 1 million as an offense of insult at the Seoul Central District Court around December 28, 2016, on the grounds that the victim posted a letter that slanders the husband of the defendant on seven occasions in the apartment occupant car page, etc., and insults the husband of the defendant.

(5) The injured party shall be sentenced to summary order after being indicted of a fine of one million won due to the complaint by the husband of the above occupant on the bulletin board, etc. from around December 27, 2016 to February 2, 2017.

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