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(영문) 서울서부지방법원 2018.10.18 2017노1774
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Regarding the summary of the grounds for appeal, as to defamation among the facts charged, since the defendant's act is true and is related to the public interest, it falls under Article 310 of the Criminal Act, and thus, the illegality of violation of the Personal Information Protection Act among the facts charged is avoided. As to the defendant's act of violation of the Personal Information Protection Act, the defendant's act constitutes a justifiable act that does not violate social rules, and the defendant's act was subject to a disposition that he was not suspected of leakage of personal information by landowners around April 2005, and it constitutes an act that

The argument that there is a justifiable reason to believe is a assertion that has been submitted after the lapse of the period for submission of the appeal.

2. The Defendant asserted the same purport as the grounds for appeal under this part of the judgment below, and the lower court rejected the judgment on the above assertion in the fifth or lower judgment under the title of the lawsuit stating “as to the allegation of grounds for the exclusion of illegality” among the “determination of the Defendant and the defense counsel.”

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and acceptable, and in addition, even if there was a sign indicating the fact that the victims were subjected to a disposition that the victims were not suspected of insufficient evidence, the first head of the above inducement shall include a notice of the fact that the victims were sent to the public prosecutor's office, and the defendant's non-prosecution disposition against the victims of the prosecution is not correct.

It is difficult to find out the fact that the above inducement was sent to determine it as well as the reason for the non-prosecution disposition is not included, and it is not known that the recipient of the above inducement was out of the suspicion for any reason.

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