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(영문) 서울북부지방법원 2016.09.09 2015노2154
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Reasons for appeal;

A. Although misunderstanding of facts or misunderstanding of legal principles acknowledged the fact that the defendant posted the same article as that written in the facts charged, the content of this article is replaced, and service was mobilized under the victim’s direction.

There was no perception that it was false, and there was no objective of slandering as a public interest.

B. The punishment of the lower court is heavy.

2. Determination

A. The summary of the facts charged D is that at the time D church E was a pastor of a church at the time when the private person E was at the time.

F There is an objection to F

After the dispute occurred while raising a problem, three groups are divided into three groups, such as ① the believers supporting E's housework, ② the believers supporting F's housework, ③ the believers supporting G's housework ("ropathm") and others.

G Does support the G Kaume’s Internet Carbook in the next Internet site, and the new Dos supporting the F pre-permanent pastor, are operating the Internet car page in the "Internet address" (the defendant opened the Internet car page as a new map supporting F pre-permanent pastor around June 201) (the defendant set up the Internet car page as of June 28, 201). After the issue raising the E house page, the F pre-permanent pastor went into the D church after going to the D church on April 13, 2014, and returned to the D church again on April 13, 2014, the F pre-permanent pastor was agreed to use the same as the church B, and the part of the G wood shed on April 28, 2014, which occurred between both sides of the instant church and the two sides of the instant church. However, on April 28, 2014, the two sides of the instant church was committed.

The Defendant is a believers that supports the F prestigious pastor, and the Victim J (41) is a person who supports G pastor as a church pastor.

On April 28, 2014, around 10:34, the Defendant, at the food and drug safety administration office located in the Chungcheongnam-gun, the Chungcheongnam-gun, and on the same day, in relation to the above violent incidents that occurred at D church, the following articles are written as “Kto” on the Internet Carbook (hereinafter “I”) open to the public notice bulletin board.

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