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(영문) 수원지방법원 2013.11.28 2013노4147
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Grounds for appeal (based on factual errors and misapprehension of legal principles);

A. In relation to the attached list Nos. 1 and 2, the circumstances that the Defendant posted comments on the comments may be sufficiently recognized even if the name of I was not indicated, and it is inconsistent with the judgment of the court below that found the Defendant guilty of Nos. 9 and 10 of the annexed list Nos. 9 and 10 of the annexed list of crimes for which the name of I was not indicated. The judgment of the court below that judged otherwise, even though the honor of I or I was damaged by the Defendant’s act, such as the facts charged, is erroneous in the misunderstanding of facts.

B. Regarding 3 to 8, the annexed crime list No. 1), in light of the fact that the Defendant posted an article containing a personal attack bulletin, and the perception of false facts in light of the fact that the Defendant posted an article that damages I’s reputation with a vague trend, there is an error of misunderstanding of facts in the judgment of the court below that determined otherwise. (2) Even if the crime of defamation is not established, the part in the judgment of the court of original judgment stating “Fraud,” “bre,” “bre,” “bre,” “fre,” and “nrest of money,” is irrelevant to the resolution of a personal attack refund, and it is difficult to view the part in the judgment of the court of original judgment as an act that does not violate social norms which are socially acceptable.

2. The judgment of the court below

A. In full view of evidence submitted by the prosecution and reference materials submitted by the defendant and the defense counsel, the following facts can be acknowledged.

(1) K is a female student of I and work for a stock company as a DNA.

② On December 9, 2011, K’s Internet portal site is an Internet under the name of “M” next to the Internet portal site:

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