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(영문) 대전지방법원 2018.05.11 2017노1592
명예훼손등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As to defamation and insult against D, Defendant 1’s misunderstanding of facts, misunderstanding of legal principles, and insult against G, Defendant 1 cannot be recognized as a performance, and the crime is not established.

B) In relation to defamation made to D, the Defendant’s contribution to “the victim’s independence, such as E, was made in the same amount as the other party’s contribution.”

“ falsely perceived that the content was false

Since it cannot be seen, the crime of defamation of false facts is not established.

C) With respect to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in the form of a crime Nos. 1, 2, 5 or 9 (hereinafter referred to as the “crime Nos. 1, 5 or 9” as indicated in the judgment of the court below, the Defendant did not have “purposes to arouse or satisfy the sexual desire” and the content of the message sent to the victim cannot be deemed as “a speech, picture, etc. that may cause sexual humiliation or aversion,” and the crime is not established.

2) The sentencing of the lower court’s unfair sentencing (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

B. Prosecution 1) In relation to defamation against H, a crime is established as a result of recognizing the public performance.

B) In relation to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at a net time, a crime is established against the Defendant for “purposes to arouse or satisfy sexual humiliation.”

2) The sentencing of the lower court’s unfair sentencing (one year of imprisonment with prison labor for six months and one year of suspended execution) is deemed to be too unfortunate and unfair.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The crime of defamation and insult committed against D (i) defamation and insult committed to G (i) defamation and defamation, and (ii) public performance, which are the elements of the crime of defamation and insult, refer to the state in which many, unspecified persons can be recognized.

Even if one person indicates facts or indicates value judgment, it shall be unspecified or many.

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