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(영문) 대전지방법원 2016.02.05 2015노2230
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant sent a recording file in which false information about the victim was recorded to another person; and (b) the recipient of the file is not good for the victim to spread it.

Although the Defendant spreads false facts for the purpose of slandering the victim, thereby impairing the reputation of the victim, the lower court rendered a not guilty verdict of the facts charged of this case has erred by mistake of facts.

2. Determination

(a) No person shall conceal any false fact openly through an information and communications network with intent to defame a person of the facts charged, thereby impairing the reputation of another person;

Nevertheless, at around October 31, 2013, the Defendant sent C with telephone calls with C, and C shared with another male house against the victim D.

It is a bee snick.

A mentally handicapped person shall be a psychiatrist.

Latenting is a false statement, which makes a big deduction.

“After recording the contents of “,” at around November 26, 2013, E sent the recording file using Kakao Stockholm to E, and asked F to retransmitting the recording file, and around that time, E retransmitting the recording file to F to Kakao Stockholm.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

B. The following circumstances acknowledged by evidence, such as the witness C, D, F, E, G, and H’s statement in the first instance court and F’s written statement, and the results of inquiry into the facts about SK Telecom, namely, ① F invested in D’s charging projects with a large amount of money, which were living together with D and entered into a de facto marital relationship between D and several years, but was decided to close and file a complaint against D around 2013. At the end, around 2013, the Defendant was aware of the fact that he did not receive a large amount of money and requested D to request D to file a written complaint, and there was a defect in sharing information about D.

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