(영문) 광주지방법원 2017.09.26 2016노4848 | 리걸엔진

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(영문) 광주지방법원 2017.09.26 2016노4848

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In addition to the knives posted by the Defendant by mistake of facts or misapprehension of the legal doctrine, the knives posted by the Defendant are not false, and there was no awareness of falsity, and there was no awareness of falsity, and there was no purpose of slandering against the Defendant, and criticizes the president of E University and the president of E University and the Minister of Foreign Cooperation

B. On the other hand, the defendant asserts that the punishment of the court below is too unreasonable, while the prosecutor is too unfasible and unfair.

2. Determination

A. In light of the following circumstances acknowledged by misunderstanding of the legal principles or evidence duly adopted and investigated by the lower court, the Defendant may recognize the fact that the Defendant prepared, posted, and dispatched a false blade on the basis of a vague trend for the purpose of slandering the victim.

The Council of E University shall appoint J as the 15th president of the E University and the J shall appoint G as the vice-president at the meeting held on September 24, 2012.

“A person who is appointed as the president of J shall be appointed as the president of J.

After the resolution of amendment to the purport of “,” the J appointed I to the Vice-President of the E University, appointed the victim H as the Vice-President on March 13, 2015, and operated the E University normally.

However, the Defendant did not comply with the agreement to appoint G as the Vice-President, and described to the effect that the victim was in violation of the agreement by immediately appointing the victim as the Vice-President, and that the victim was operating the E University Dominantly. This constitutes false facts, and there is no data that verified the facts from a large number of source of coverage in the process of coverage (in addition, in light of the overall content and purport of the Roster, the Defendant undermined the honor of the victim, who is not only the Vice-President and the Vice-President of the E University.

On the other hand, the Defendant is a press organization that it operates.

유사 판례

-전주지방법원 2016.02.15 2015고합139

-대구지방법원 포항지원 2018.12.20 2018고단633

-서울행정법원 2009. 10. 23. 선고 2009구합25859 판결

-부산지방법원동부지원 2015.11.27 2015가합990

-수원지방법원 성남지원 2018.04.12 2017고단3053