(영문) 대구지방법원 2016.01.14 2014노3113 | 리걸엔진

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(영문) 대구지방법원 2016.01.14 2014노3113

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The content of the Defendant’s posted on the part of the Defendant’s [the crime of violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) of this case] did not include the content of C as to the marriage of C as indicated in the part of the title. As such, the content of the above article is nothing more than a statement of intimidation against X, and thus, it ultimately undermines C’s reputation.

shall not be required to do so.

B. A prosecutor 1) In light of the facts not guilty portion of the judgment of the court below (as to the point of defamation as of October 10, 2013 and the point of defamation as of October 16, 2013), and the contents and degree of the Defendant’s remarks at the time of each of the instant crimes, and whether such remarks were necessary, etc., the Defendant may fully be fully recognized that there had been intention to defame C.

B) The part not guilty of the reasoning of the judgment below [as to the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) on July 18, 2012] can be sufficiently recognized that the notice of this case contains the content that defame X, in light of the context of the notice of this case.

2) The sentence that the lower court rendered unfair sentencing (the suspended sentence of KRW 500,000,000) is too unhutiled and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the defendant's assertion, the notice of this case was "C, who was frightened during pregnancy and frightened before the month of marriage, frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten, frighten frighten frighten frighten, frighten frighten frighten frighten, frighten frighten frighten and frighten frighten fen fen

As the content includes “A”, the above content is a specific fact that may infringe upon C’s social value or evaluation, and the Defendant’s honor.

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