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(영문) 서울서부지방법원 2014.06.27 2014노285
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment below

Part other than the decision to dismiss an application for compensation among those shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) since there are materials to be deemed that the Defendant was killed from the victims of this case, the Defendant did not indicate false facts; (b) as to the number 1 through 6 of the crimes attached to the crimes in the judgment of the court below, the Defendant posted an article on the Internet bulletin board as such, although each of the crimes in the judgment of the court below was written on the Internet bulletin board, the victims could not be said to be specified since they were written on the Internet bulletin board; (c) as to the number 7 times of the crimes attached to the crimes in the judgment of the court below, the Defendant did not write an article on the Dongdaemun-gu Commission free bulletin board on November 21, 201, which is the final amendment date of the above article; (d) the Defendant posted an article on the bulletin board on January 23, 2005, it is presumed that the last amendment date of the above article was changed in the course of the Rig of the Dongdaemun-gu Government website, etc.

B. The Prosecutor’s sentence (six months of imprisonment, two years of suspended execution) is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the deceased G was already diagnosed with brain death around August 1995, and was registered as a disability of brain disease on April 16, 2002, and on October 30, 2003, the deceased G was diagnosed with a 4-day stability rate for the date of hospitalization due to the dystrophism, multi-sexual hemosis infection, spathrosis, and spathrosis, and was hospitalized until November 3, 2003. The deceased G was an I student and was 79 years old as at the time of death on November 29, 2003. According to the deceased diagnosis document for the deceased G, all of the data submitted by the defendant to G, even if the private person was described in the presumption of merger with spawnosis and spawnosis, and all of the data submitted by the defendant to G.

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