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(영문) 서울서부지방법원 2016.10.13 2015노1576
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. It is difficult to readily conclude that the part of the facts charged in the instant case among the contents written by the Defendants claiming mistake of facts or misapprehension of legal principles is false, and most of them are merely an expression of opinion, not an expression of fact

Even if some false facts are indicated, it is difficult to see that the Defendants have a false perception, and it is difficult to conclude that the Defendants’ alleged facts are for the public interest and for the purpose of slandering the victim.

In addition, performance is not recognized because there is no possibility of radio wave.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found all of the charges of this case guilty, thereby affecting the conclusion of judgment.

B. The sentence sentenced by the court below on unreasonable sentencing (the defendant's each fine of five million won) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged [the relationship between the Defendant and the victim] Defendant A is a professor at F University Law School, and Defendant B was a professor at the F University until August 31, 201.

The victim G was appointed as an associate professor at a law school in the process of preparing an application for authorization for the law school at the FK on October 2007, when he operated his office as an attorney in the area of the United States Haela, and was promoted to A on March 1, 2010.

【Criminal Facts】

1. Defendant A, along with some professors of the F University Law and University, around September 2009, with Defendant A, may peruse the e-mail with the following: (a) the victim’s overall objection to the management of the school affairs of the F University Department at the time of the appointment of the victim and pointed out and criticizes the management of school affairs and the conduct of teaching as professors after the appointment of the victim; (b) the entire professor of the law school, the Head of the Educational Affairs of the above University,

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