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(영문) 부산지방법원 2018.04.12 2017노4270
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant, by misapprehending the legal principles and mistake of facts, written a statement on the part of the victim, that “the victim assumes a false name,” in order to inform the victim that he did not have a false name, and the Defendant did not recognize that the content of the above statement is false, and the Defendant did not recognize that the content of the above statement is false, while engaging in the same industry, and there was no purpose of slandering the victim since the Defendant written a statement on the part of the general public to correct the facts that he knew to the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the contents of the comments posted by the defendant constitutes false facts that undermine the social evaluation of the victim, and the defendant was aware that such facts were false, and the defendant was also purposeed to defame the victim.

It is reasonable to view it.

① Although the Defendant indicated the purport that “HAb” and “an advertisement post-mar,” it is solely based on the information and data secured by the Defendant, the Defendant’s assertion that he/she would have received and posted the victim’s letter of intent without investigation of facts or verification of authenticity, etc., beyond the public awareness of the victim’s career, business operation method, etc. based on the information and data secured.

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