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(영문) 수원지방법원 2014.02.13 2013노2304
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) by Defendant 1, etc., the contents of the comments posted by the Defendant on the Internet homepage of the victim as stated in the facts charged are true, and the Defendant posted a letter to the students, who are university professors, in order to inform the students of the values of the victims, and there was no purpose of impairing the honor of the victim or slandering the victim.

② As to defamation (the defamation as indicated in No. 1, 3, and 4 of the crime sight table No. 2 in the judgment of the court below), the defendant was prepared for the public interest with the contents related to the interests of apartment residents, such as apartment management expenses, apartment-related litigation status, the president of the council of occupants' representatives and the victims who are the chairman of the election management committee, as stated in the facts charged. While the defendant attempted to post the above inducement on an apartment through the management office but he was rejected by the victim, it inevitably distributed it to the whole residents for the public interest, and thus, it is thus dismissed. Nevertheless, the court below convicted the defendant. However, the court below erred in the misapprehension of facts or by misapprehending legal principles, which affected the conclusion of the judgment. Of the judgment of the court below, the part of the judgment of the court below which acquitted the defendant [the article No. 13 (3) of the election commission's regulation, as stated in the crime sight table No. 2 of the indictment, is justified, and the revised contents of the inducement are justified and reasonable.

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