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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2014.07.03 2014노817
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant’s each posted indicated in the facts charged in the instant case (hereinafter “instant posted”).

A) Since there was a good reason to believe that the content of the instant notice is true, there was no false perception on the Defendant. (2) The Defendant’s posting of the instant notice on several website does not constitute a purpose of slandering the public interest by widely informing the problem of the victim, which is crossed as the president of the I Association, and not for the purpose of promoting the public interest. This constitutes a reason for excluding illegality under Article 310 of the Criminal Act.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts and misapprehension of legal principles, namely, ① the important part of the article in this case embezzled the public funds of the I Association as attorney fees, special bonuses, and expenses related to the president's taking-off, etc., and ② the victim had already been accused of each of the above charges at the time of the crime in this case and was under investigation, and the Defendant was also well aware of such facts, and without properly undergoing objective verification procedures, the Defendant posted the notice in this case which was clearly written as if the victim was objective facts, ③ the result of each investigation on the occupational embezzlement and occupational breach of trust of the victim, and the result of each investigation on the occupational embezzlement and occupational breach of trust of the victim, and the Defendant was also dismissed as the Association Chairperson, and the Defendant was also both dismissed.

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