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(영문) 서울남부지방법원 2013.11.14 2013노1457
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment (one million won of fine) of the judgment of the court below is too unfluent and unreasonable.

There is a circumstance in which the defendant must support his wife and two daughters, and appeal that the defendant is not sufficiently capable of economicly.

However, the article posted on the Internet with respect to the victim B (whether or not the victim has accepted non-Subrogation cases, whether or not a certified judicial scrivener may conduct affairs concerning consultation and proxy for the purchase of property (auction), and the amount of remuneration in such case) is different from facts and legal provisions, and without confirming at all, posts an article for the purpose of slandering the victim, posts a video voluntarily edited under the title that is likely to mislead the victim as if the victim had expressed an desire to do so, and thereby, the victims would have suffered considerable mental pain, and the defendant posted the above writing and video on the Internet for the purpose of slandering the victims, but did not recognize his own wrongness, such as claiming that the victim had committed such acts with the aim of immediately setting the church, and the amount of remuneration in this case, the court below's judgment after the decision of the court below rendered that "the defendant's act should be respected with human rights of the non-indicted persons, and the period of punishment should be mitigated by recognizing that the defendant's act would decrease the period of punishment."

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