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(영문) 서울중앙지방법원 2016.08.11 2016노1514
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It was true that Defendant A had discussed the content of the instant text in Defendant B and Kakao Stockholm, etc. However, Defendant A did not have instructed or conspired to transmit the content of the said text to “F organization” members by posting it on the Internet car page or by using text messages.

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.

(2) The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

B. Defendant B (Cheating in Sentencing)’s punishment (7 million won in penalty) by the lower court is too unreasonable.

(c)

The Prosecutor (Unlawful Sentencing)’s sentence against the Defendants is too uncomfortable and unfair.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court by Defendant A’s assertion of facts, Defendant A conspired to commit the instant crime, such as: (a) preparing and sending the instant text that slanders Defendant B via the Kakao Stockholm on March 25, 2015; and (b) discussing Defendant B’s transmission of this text to its members via Internet car page or text messages, etc.

Defendant

A’s assertion in this part is without merit.

① Defendant A: (a) around 7:32 on March 25, 2015, 2015; and (b) “B”

8. Abast and abath on a board;

"," and "Isle frienda friend."

B. They must be miscellaneous on the Internet

"," and "to be mixed."

It is also necessary to put this article into Cheongdaedae.

”, “ 함께 파이팅하자고”, “ 지금부터 일단 카톡으로 작업 스타트” 등의 카카오 톡 메시지를 보내고, 피고인 B의 “ 내가 밴드에 올릴까 ” 라는 메시지에는 “ ㅇ ㅋ”, “ 밴드 명을 E 거명하면서 노골적 타이틀로” 등의 답장을 보냈으며, 피고인 B에게 이 사건 글의 초안을 작성하여 보내는 등 이 사건 글을...

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