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(영문) 부산지방법원 2018.08.17 2018노1627
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) As to the crime of defamation, the Defendant sent text messages, etc. to the president of the school where the victim works, but in light of the efforts to manage external images of the school, etc., the president is likely to transmit them to many and unspecified persons.

shall not be deemed to exist.

Therefore, there is a performance that is an element of the crime of defamation.

shall not be deemed to exist.

2) The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) is only referred to.

A) As to the violation portion, the Defendant is merely demanding the victim to repay the obligation to recover the amount of damage, rather than inducing fears, while notifying the victim of harm specifically, and the content thereof does not go against the social norms.

B) The Defendant sent Kakao Stockholm messages to the victim at a short time not exceeding 30 minutes.

Therefore, this does not constitute a “complic arrival” prohibited under Article 44-7(1)3 of the Information and Communications Network Act.

B. The sentence of the lower court’s improper sentencing (one million won per punishment) is too heavy.

2. Determination

A. As to the assertion regarding defamation, the lower court determined that the Defendant’s act satisfies the performance of the elements, which constitute the crime of defamation, on the grounds as indicated in its reasoning.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is justified.

Therefore, the defendant's above assertion is without merit.

B. 1) As to the assertion regarding the crime of violation of the Information and Communications Network Act, "act that does not violate social norms" as stipulated in Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and there is a legitimate ground for any act that does not violate social norms.

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