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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.03.30 2015노5965
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal (misunderstanding of facts and legal principles) and the fact that the Defendant does not directly state the fraud or the real name of deposit principle, despite the fact that the Defendant does not directly state the name of the victim, it is clear that there was a purpose of slandering the Defendant.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment

2. Determination

(a) No person who is the summary of the facts charged shall conceal any false fact openly through an information and communications network with intent to defame another person, thereby impairing the honor of another person;

On August 16, 2014, the Defendant, at around 14:10, purchased the said books in KRW 20,00,00, on the following grounds: (a) the victim C prepared on the Internet NAV and the Korean car page; and (b) the said books were purchased at KRW 29,00.

In fact, the price paid by the Defendant cannot be deemed to be excessive compared to the quantity of the purchased volume, and the above books are heavy and high, and even if it is a transaction that is not satisfactory to the buyer due to the characteristics of the direct transaction between individuals, it cannot be viewed as fraud and slandered.

Nevertheless, on August 21, 2014, the Defendant stated that, among the above 29 books, the book “Bree-Se-Se-Se-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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