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(영문) 수원지방법원 2016.05.20 2016노637
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A and B, the aforementioned Defendants recognized that the publicly alleged content of the instant facts charged was false, and made a statement of such facts for the purpose of slandering the victims, and thus, it constitutes a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), defamation, and obstruction of duties by a false statement of facts.

Therefore, the judgment of the court below is erroneous in the misapprehension of facts and legal principles as to the acquittal portion against the above Defendants.

B. According to the evidence submitted by the prosecutor with respect to Defendant D, the court below acquitted Defendant D of this part of the facts charged, although it could be found that Defendant D had inflicted an injury upon the victim AK, was erroneous in the misapprehension of facts and the misapprehension of legal principles.

2. Determination

A. Defendant A’s defamation and violation of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. (Defamation) by Defendant A and Defendant A and B. As to this part of the facts charged, the lower court acknowledged that: (a) the victim, who is the chairperson of the instant promotion committee, did not keep evidential data, such as receipts, while executing part of the commission’s funds; (b) attaching a simple receipt different from the details actually paid to create evidentiary data; and (c) the auditor AG of the instant promotion committee pointed out the suspicion of embezzlement of the victim’s public funds in the audit report of the promotion committee in 2011; and (b) distributed the said audit report to the resident around March 20, 2012 with Defendant B; (b) the victim filed a complaint with the investigative agency on the suspicion that the victim interfered with the business of the promotion committee of the instant case and undermined the reputation of the victim; (c) issued a disposition by paying the funds of the promotion committee of this case to the third party.

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