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(영문) 서울중앙지방법원 2018.02.01 2015노1944
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the grounds for appeal by the Defendant (misunderstanding of facts, misunderstanding of legal principles) is that the Defendant posted a notice on the bulletin board of the Internet portal package (hereinafter “instant notice”) as stated in the facts charged, such as the charge, was false, and there was no awareness about the Defendant’s falsity, and there was no purpose of slandering the Defendant’s posting of the instant notice.

The prosecutor failed to prove the falsity of the notice of this case, the defendant's awareness about the falsity, and the purpose of slandering.

In addition, the judgment of the court below is erroneous as follows in violation of the evidence-based law and incomplete hearing.

The testimony of Q in the court below is a perjury, and Q's written statement by the prosecution about Q is forged or falsified, and thus, it is not admissible as evidence, and there is no probative value as evidence of guilt.

In regard to each investigation report by the Prosecutor Nos. 11, 35, and 70, it is erroneous that the Defendant stated that he/she would consent once on the fourth trial date in the lower court.

The prosecutor did not submit the text of the judgment of the Gwangju District Court 2014 Gohap180 as evidence, and submitted the text of the judgment of the Gwangju High Court 2014No490. The judgment of the court below was based on the evidence of the judgment of the Gwangju District Court 2014 High Court Gohap 180.

The Defendant did not assign probative value to the Korea Navy's Cinematographic CD, J video CDs, or G Thobababab, which was shown at the sinking site, and the Korea Navy's Thobabababab, which was operated with the view to diving and operating in the airspace above the Ghobaba site.

On June 23, 2015, on the grounds of appeal, the Defendant submitted a description of the first accident point, the sinking point, etc. in G, and a photographic data, asserting that G Ho does not have been sunken by being forced to a steering boat before G Hodo.

On October 17, 2017, the Defendant is a diving-free video mp4 p.m. and “h.m. m. m. m. p. m. m. m. m. m. m. m. m. m. m. m. m. f. c.m. at G Hoh site.

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