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(영문) 서울중앙지방법원 2020.09.09 2020노1405
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles reveal that the victim C’s notice is false, and the Defendant only posted a letter to discontinue the victim’s act, and did not have any intention of defamation or purpose of defamation.

However, even if it is not so, illegality is excluded as self-defense or legitimate act.

B. The lower court’s sentence of unreasonable sentencing (two million won by fine) is unlimited and unfair.

2. Determination

A. Examining the following facts and circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court on the crime at around May 23, 2019, the Defendant’s publication on his/her own Facebook account of the same content as the facts charged on May 23, 201.

The purpose of the posting is to clarify the falsity of the writing posted by the victim and to make such a publication no longer possible, and it is difficult to view that there is a purpose of slandering. Therefore, this part of the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles is with merit (the Defendant’s legitimate act or defense based on the premise that this part of the Defendant’s assertion is groundless).

(1) The Defendant is a person who was married with D on April 6, 2015, and the victim C is a person who had a relationship with D and a claim or obligation.

② From August 2016, the victim had been bullyingd and was subject to criminal punishment several times due to the same act against the Defendant, by continuously putting labels around the Defendant’s dwelling entrance, walking the door, and transmitting letters that arouse the disturbance and uneasiness.

(3) A victim who has been subject to criminal punishment several times against the defendant, but has not retired from office.

Furthermore, the victim applied for friendship to the defendant's Pest North Korea-friendly Gu, and the name of the defendant from May 9, 2019 to February 28 of the same month is the name of the defendant.

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