logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.05.13 2016노686
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. This article is not false but has no purpose of slandering against the defendant.

In addition, continuing to send a letter to the victim D is merely a matter of concern and concern for the above victim. Even though the court below found the defendant guilty of all the charges of this case. In so doing, the court below erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts in the facts charged of this case, the health care team, as to the violation of the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Defamation) among the facts charged of this case, and the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the defendant acknowledged that the victim C was sexually abused the victim D and affixed a video image in light of the circumstances at the time, and even according to the above defendant's statement, even if based on the defendant's statement, the content of the article posted by the defendant appears not to have been confirmed, but to be merely the prosecution of the defendant, and ② The video taken by the victim by the defendant was stated that the victim C was not actually deemed to have been false. In full view of the above facts, the defendant recognized that at least

Nevertheless, the victims posted the same article as the facts charged for the purpose of slandering the victims.

Since this part of the facts charged can be fully convicted.

Next, as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), among the facts charged in the instant case, the Health Center and the following circumstances acknowledged by the aforementioned evidence, i.e., the victim D.

arrow