(영문) 서울북부지방법원 2021.02.16 2020노1462

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(영문) 서울북부지방법원 2021.02.16 2020노1462

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant, by misapprehending the legal principles and mistake of facts, posted a letter as stated in the facts charged for the benefit of the clan, and there was no purpose of slandering the victim, and there was no intention of defamation against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court against the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the Defendant’s assertion of mistake of facts and misapprehension of legal principles is without merit, since the Defendant’s assertion of mistake of facts is recognized as false facts in light of the language and content of the notice, the victim’s relation with the victim, etc., and the Defendant’s assertion of mistake of facts and misapprehension of legal principles is sufficiently recognized.

B. In light of the contents of the language and text of the judgment on the unfair argument of sentencing, the court below’s punishment is too unreasonable in light of the following: (a) although the purpose of slandering the victim is clear, it is not against the denial of the crime; (b) the victim appears to have suffered considerable mental damage due to the instant case; and (c) the victim did not agree with the victim up to the trial; and (d) the relationship with the victim; (b) the motive, means and consequence of the crime; and (c) the circumstances before and after the crime.

The defendant's argument of sentencing is without merit.

On the other hand, Article 457-2 (2) of the Criminal Procedure Act provides that "where a defendant declares a more severe punishment than that of a summary order on a case for which a formal trial has been requested, the reasons for sentencing should be stated in the written judgment.

“......”

According to the records, the defendant on April 9, 2020 (Seoul Northern District Court 2020, 3145).

유사 판례

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-서울중앙지방법원 2017.12.21 2017노2469

-부산지방법원 2021.01.14 2020노1995

-수원지방법원 2018.08.17 2018노817