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(영문) 서울서부지방법원 2016.04.07 2016노76
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor’s summary of the grounds for appeal, the defendant sufficiently recognized the fact that the defendant posted false information to the public through an information and communications network with intent to defame the victims, thereby impairing the honor of the victims.

2. Determination

A. The summary of the facts charged is that the Defendant, at around November 7, 2014, connected the “E” on the bulletin board of the community after having access to the website (D) of the incorporated association at the office of the branch office outside of the Gyeonggi-si, Ansan-si, the Republic of Korea, by using a computer installed at the office of the branch office outside of the Gyeonggi-si, the Republic of Korea, and “E” (hereinafter “E”): (a) interfered with the Association; (b) operated documents on the register without taking a regular procedure; and (c) was operated in the law without being qualified as the president; and (d) was f and G were not qualified as the president.

On November 19, 2014, after accessing the said website at the same place, the proprietor “E” is entitled to be removed from the judgment of the court, and his/her knee knee knee knee knee knee knee knee kne, and his/her kne knee knee kne knee knee kne kne.

The time of accompanying, such as the belief and normal low-income, of interested parties who are the chairpersons of various parts of the Dong branch of the members.

F shall not be the Chairperson.

A notice was posted stating that fat is not G.

However, in fact, victims F and G are registered as the representative director and directors in the register of incorporated association C corporation, and there was no falsity or manipulation in the process of such registration.

Nevertheless, the Defendant posted a false fact openly through an information and communications network with intent to defame the victim F and G, thereby impairing the honor of the victims.

B. On May 6, 2011, the lower court determined that the F was registered as the representative director (chairperson) of an incorporated association C on May 6, 201, and the F resigned from office on August 18, 201 and did not have a legitimate power of representation in the corporate registry.

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