logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2012.08.09 2012노729
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The posting of the articles written in the decision of the court below by the defendant of misunderstanding of facts and misunderstanding of legal principles was for public interest and there was no purpose of defamation.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and by misapprehending the legal doctrine, the Defendant is deemed to have published the above article in order to defame the victim, by posting the articles as stated in the lower judgment’s judgment, on the Internet Nuriba Pu, an information and communications network from December 26, 201 to December 30, 201, and thereby impairing the victim’s reputation. In light of the background leading up to the publication of the above article, its contents and method of expression, etc., the Defendant published the above article in order to defame the victim.

B. In full view of all the sentencing conditions in the instant case records and arguments, the lower court’s punishment is too unreasonable and unfair.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per

arrow