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(영문) 서울동부지방법원 2014.07.03 2013노1645
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All of the convictions and the second judgment of the court of first instance shall be reversed.

A defendant shall be punished by a fine of one million won.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s judgment 1) misunderstanding of the legal doctrine or misunderstanding of the facts solely for the public interest, but the lower court determined that there was a purpose of slandering the Defendant, thereby misunderstanding of the legal doctrine or misunderstanding of the facts.

B) Violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation, hereinafter “Violation of the Act”).

Even if the court below found the defendant guilty as to the violation of the law due to the statement of false facts (i.e., 1 million won). (ii) The court below found the defendant guilty as to the violation of the law due to misunderstanding of facts (i.e., the prosecutor A). The court below found that there was insufficient evidence as to the fact that the defendant's statement was false without making an ex officio examination of the victim at the time of examination of the witness. The court below erred by misunderstanding the facts. The court below rejected the witness statement and Q&R's statement on the basis of this, even though the witness I had the same interest as the defendant, because it is difficult to believe that the witness I made it difficult for the defendant to make a statement, and it was insufficient to view that the defendant's statement was a threat of harm to the extent that the victim caused the victim's fear by the threat of harm and injury without any circumstance. The court below found the defendant's statement not guilty as to the violation of the law due to misunderstanding of facts.

B. The purpose of the second lower judgment (defendants 1) or misunderstanding of legal principles is to send words written by I to 50 members by e-mail in order to inform the result of trial on the false facts posted by the victim for the public interest solely.

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