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(영문) 인천지방법원 2018.06.15 2018노470
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s factual act, such as the Defendant’s (misunderstanding of facts or misapprehension of the legal doctrine) stated in the lower judgment, solely for the public interest, is dismissed by Article 310 of the Criminal Act.

B. It is unfair that the prosecutor (unfair sentencing) of the lower court’s sentence (2 million won in penalty) is too unhued.

2. Article 310 of the Criminal Act concerning the dismissal of illegality cannot be applied to defamation or defamation through an information and communications network to determine the misunderstanding of the Defendant’s facts or legal principles (see Supreme Court Decision 2006Do648, Aug. 25, 2006; 2006Do648, Aug. 25, 2006). Even if the Defendant’s assertion was made to the effect that “the Defendant’s factual demonstration with respect to the public interest and there was no purpose of slandering the Defendant’s claim,” the evidence duly adopted and examined by the lower court

On July 3, 2015, the lower court’s determination that determined the person’s discretion is justifiable and acceptable). In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the prosecutor’s unfair argument of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial, and the sentencing revealed in the course of the argument in this case was not changed in comparison with the lower court’s judgment on the grounds that the lower court’

It does not appear.

4. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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