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(영문) 서울동부지방법원 2019.06.21 2018노1422
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Each conviction of the first or third original judgment shall be the appellate court prior to the remanding, including the non-guilty part of the third original judgment.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. On June 21, 2018, the first instance court prior to the remanding of the judgment of the lower court prior to the remanding of the case is the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) (Defamation) against the victim BC among the part of conviction (including the part of innocence in the third lower judgment) and the part of the judgment of the first instance court which acquitted the victim BC of the crime list (2) 7 and 10 of the attached list of crimes committed against the victim BC of the attached Table 7 and 10 of the attached list of crimes committed against the victim BC of the crime as follows.

A. Each of the facts charged in the facts charged in this part is reversed, and the victim E gives and receives money of KRW 30 million from X, and the defendant made a false statement contrary to his memory in spite of the fact that he received KRW 1.5 million from X to U under the direction of S, such as purchase price of books and food support, etc., the fact that he made a false statement contrary to his memory is not guilty (not guilty in each of the above facts of defamation, and not guilty in the case of perjury). Of the reversed part, the defendant was found guilty of the remainder of the facts charged in the first and second judgment, and the non-guilty part of the judgment of the court of the court of the court of the first and second judgment, and the prosecutor's appeal against the remainder other than that of the part of the crime list (2) 7 and 10,000 won among the non-guilty part of the judgment of the court of the court of the court of the judgment of the court of the third judgment, was dismissed.

As to this, only the defendant filed an appeal against the part which was found guilty in the above judgment.

B. The Supreme Court held that there is a ground to reverse the part of the crime of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. (Defamation) on May 14, 2016 and June 1, 2016 against the victim BC among the conviction portion of the judgment of the party prior to the remand. The judgment prior to the remand is against the defendant.

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