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(영문) 의정부지방법원 2020.09.23 2019노2425
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. On May 4, 2018, May 17, 2018, and May 18, 2018, the lower court found the Defendant not guilty of the facts charged in the instant case on the grounds of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to the publication of false facts as of May 18, 2018, and sentenced the Defendant guilty of the remainder of the primary and conjunctive facts.

However, as long as the defendant appealed only the guilty part of the judgment of the court below, and did not appeal all the prosecutor and the defendant with respect to the acquittal part of the reasons, the acquittal part of the reasons pursuant to the principle of no appeal by the principle of no appeal shall also be judged in the trial, but since the defendant already left the object of trial from the object of attack and defense between the parties, it cannot be determined in the trial as to that part.

(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, with respect to the part on acquittal, the reasoning of the lower judgment is to follow the conclusion of the lower judgment, and it is not separately determined.

2. Summary of grounds for appeal;

A. misunderstanding of facts1) As to paragraph 2 of the judgment of the court below, the Defendant posted his/her tables on May 19, 2018 (Article 2-A of the judgment of the court of original instance).

Note 2-B of the first instance judgment) and Note 2-B posted on the B car page of the J.

The part of the judgment below is not a false fact. Even if not, the Defendant posted the above writing for the public interest without the purpose of slandering the victim, and thus, its illegality is denied. 2) As to the Article 3 of the judgment of the court below, the Defendant sent e-mail at the corresponding level of criminal complaint and civil litigation without the victim’s defense counsel’s deletion of the notice, which constitutes a justifiable act that does not go against social rules.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unlimited.

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