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(영문) 서울북부지방법원 2015.12.24 2015노1237
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles as stated in paragraphs 1 and 3 of the facts stated in the judgment of the court below, the defendant sent each article on the Internet NVB B B B B B B B B B B B B (hereinafter “the instant B B B B”) to the effect that “the J case and F and E are directly related to the case,” and that “F and L are related to the case,” from the online newspaper articles collected from NV B B B B B B B B B B. According to the materials related to NV, F and E are classified into L as “M according to the records related to E,” and each article posted on the B B B B B B in the purport that the defendant who is a pastor bordered this group. Thus, the facts stated in each of the above article are not false, but the defendant alleged facts for the public interest, and there was no purpose of defamation against the defendant, and the court below found the Defendant guilty of the offense of insult as to the offense of insult, even if the Defendant did not have any legitimate reason for insult or insult.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Before the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor applied for changes in the indictment with the content of withdrawing part of the facts charged under Paragraph 2 from among the facts charged against the defendant who was prosecuted for an ordinary concurrent crime in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court, and the judgment of the court below is no longer maintained as the subject of

However, the judgment of the court below is the above.

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