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(영문) 전주지방법원 2017.10.20 2017노1174
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) recognizes the Defendant’s act of sending e-mail to C’C’s members. However, although the contents of the e-mail sent by the Defendant fall under most of the facts, it constitutes a false fact, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby finding the Defendant guilty of the facts charged.

2. Prior to the judgment on the grounds for appeal on the board of appeal, the prosecutor examined the facts charged at the trial of the case, and the prosecutor tried to impair the honor of the victim by editing and disseminating facts against the victim on the ground that the victim was deprived of himself/herself of his/her membership and forced withdrawal from his/her membership on the Internet portal website (www.naver.com).

The Defendant, on April 3, 2016, when he lacks the ability to discern things or make decisions due to early 16:58, the Defendant, using the e-mail account “D” affiliated with the victim’s name on April 16, 2016, where Internet access is not possible, called “C” and called “C” to 7 members of the Kafe-cin, “I am away from the belief in which she was sentenced to a 34 stroke and stroke, and so far as he was sentenced to a fine,” and “E’s previous and previous years of E, E, E, a woman, who took place during the fourth-year period of this year of E’s divorce, after having gone through the test at which she started to work at the relevant elementary school, and went through the second new E, E, a woman, a woman, who took place at the same time, during the second year from 5 to 6th year of his arrival at the elementary school.”

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