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(영문) 전주지방법원 2020.12.22 2020노1173
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The content of the message sent as stated in the facts charged in this case is true, and it is transmitted for the public interest of C business Association.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination:

A. 1) In light of the following circumstances revealed by the evidence duly adopted and investigated by the court of the lower court, the lower court determined that the message recorded in the instant facts charged was false, and furthermore, once the Defendant transmitted false facts, it was found that the Defendant was guilty of the instant facts charged against the Defendant, not for the public interest. (A) G was guilty of the instant facts charged as to the Defendant by the conflict of opinion at the board of directors on January 8, 2019, while G did not use the annual leave until January 11, 2019 (gold) and thereafter did not work normally from January 14, 2019.

G was frequently engaged in a business trip due to the characteristics of the business, but at that time reported to K, and prepared a business report and a business trip report.

As to this, the Defendant recorded the attendance status of G from September 2018 to March 2019 at the direction of K, but stated that G did not work in the workplace (at least 136 pages of evidence records), and that G did not work in the workplace, and it cannot be deemed that G was frequently absent from work (at least 34 pages of evidence records) in light of the fact that G did not know about whether it was a business trip and whether it was a business trip (at least 34 pages of evidence records).

B. The CJ decided to dispatch one person, including the defendant, to the JA in order to perform duties, such as agricultural products distribution systems, in relation to the food supply business for the M Center promoted, but it decided not to pay travel expenses according to the rules of employment that only travel expenses exceeding 300,000 won per month to the defendant.

This decision on the dispatch of staff.

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