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(영문) 서울서부지방법원 2020.05.07 2018노1365
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant posted a false statement that the difference between the reasonable construction cost determined voluntarily by the defendant and the actual construction cost is leaked to the victim on the ground that the difference is different, and the defendant repeatedly posted the above article as a retaliation appraisal.

The judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts or misapprehension of legal principles.

The Defendant is the president of the F(State) HH representative director, who connects his house and convenience store located in Seodaemun-gu Seoul from January 2, 2017 to Internet CCCCD as the title “E” and leaks the company’s funds from F to F (State).

"Publicly false information was posted, thereby impairing the reputation of the complainant H.

Judgment

The lower court found the Defendant not guilty of the facts charged of the instant case, considering detailed reasoning for its determination.

In full view of all the evidence duly admitted and examined by the court below, it is difficult to view that the evidence submitted by the prosecutor alone was proven beyond a reasonable doubt.

The judgment of the court below which acquitted the Defendant of the facts charged of this case is correct, and there is no error of misconception of facts or misapprehension of legal principles.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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