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(영문) 서울중앙지방법원 2018.08.16 2017노4184
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles), and the “person” under Article 70(2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) includes a legal entity. Thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is C’s representative and a person working under the name of “D” in the website (SNS) North Korea (Faceok).

No person shall conceal any false information openly through an information and communications network with intent to defame any other person, thereby impairing the reputation of any other person.

Nevertheless, the Defendant, at around 03:49 on September 25, 2015, connected to the above page 03:49, to the account “E” (written name D), cited the content of the “E” from the F Internet article on the bulletin board of the account,” and cited the title “H” as the title “H, even if any, is an article for the promotion of I new works,” and the problem can be understood as if the order is lower.

However, I's new works are still moving out.

이게 얼마나 엉터리인지 우선 보자. 실제로는 엊그제 발표한 J 지난 주 종합 베스트 순위 200위 안에도 I의 는 없다.

Simplely, the LW order 11 is set on the top of the order.

M is going on 39th day per week.

N has not been able to verify the order of priority when the order of priority of the week is over 10.

However, N has changed the real-time sales volume and ranking, and it is found that it is difficult to enter as of this point, and it is up to the order of order of access (the present eight tickets sales).

Hexama and O (O) had different 4 points in the past week. Pal that appeared without any lebal, if necessary. (/k)

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