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(영문) 서울서부지방법원 2019.06.20 2018노1675
명예훼손등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the fact-finding and misunderstanding of the legal principles, the victim D, E's investigation agency, and the court below's legal statement and the record file, the defendant may be said to have filed a lawsuit against the victims at the time and time stated in the facts charged, that it was difficult for the victims to have the right to do so on the Internet, and it constitutes a threat of harm and injury that constitutes a crime of intimidation.

Nevertheless, the lower court determined that the Defendant did not make a statement on the date indicated in the facts charged that “I would raise a screen image in the H room of the C Bank Bora branch, and would make the branch room well-being at two different banks,” and that “I would like to bring a female lawsuit on the Internet, would be able to bring a photograph and motion picture on the Internet,” and that there was no specific notice of harm and injury, which constitutes the crime of intimidation, by deeming the crime of intimidation as an expression of pro-o, in light of the circumstances of the statement, and thus, acquitted the Defendant.

B. According to the statement of misunderstanding of facts (f) victim F and CCTV images, it is recognized that the defendant had committed an assault against the victim F face with the intention of the assault.

Nevertheless, the lower court found the Defendant not guilty on the ground that the facts charged of assault were not proven.

C. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too uneased and unreasonable.

2. Determination

A. The following circumstances can be acknowledged according to the evidence duly adopted and examined by the court below as to intimidation.

1. ① The victim D was present as a witness in the lower court’s trial, and was asked at the Huma branch of the C Bank, “At the time when the Defendant was asked at the Huma branch of the C Bank and asked at the Huma branch of the branch of the C Bank, I would like to make the branch of the branch in good faith.”

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