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(영문) 광주지방법원 2015.08.20 2015노53
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles (main facts charged) ① The victim’s refusal to refund or exchange was justifiable in accordance with the criteria for the settlement of consumer disputes, ② the defendant stated in the company evaluation column as he knew that the victim had a duty to refund or exchange, ③ the expression “replacement of funeral such as complete waste,” is interpreted as having been spread of the purpose of defamation, ④ there is no obligation to allow the victim to assert the victim’s detention, etc., the judgment of the court below which acquitted the defendant, even if the purpose of defamation is recognized, is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence (a fine of KRW 100,000) is deemed to be too uneasible and unfair.

2. Judgment on the assertion about the primary facts charged

A. The Defendant charged with the instant case is a person operating a “C” shopping mall.

On December 16, 2013, at its own house No. 16:13, 16:13, Gwangju Mine-gu D, 103 1204, the Defendant, with a view to slandering the victim E, by accessing the Internet NAVber site “F” column operated by the computer victim to “G”, and by revealing facts open to the public through an information and communications network, “(b) absolute absolute absolute absolute nature of the river, I died. (C) The president of Kang Han-ro, while laver, died of his refund. (C) The president of the Republic of Korea was red, and he was unable to refund. (h) At the last half of the same kind of waste, the Defendant’s reputation was damaged by revealing the fact of the victim’s reputation.”

B. According to the evidence related to the facts found in the lower judgment, the following facts are revealed, namely, ① the Defendant purchased the horse dynasium at the victim’s contact center on October 26, 2013. The Defendant purchased the horse dynasium at KRW 5.20,000,000 for 20,000,000 for 15,000 for 10,000,000 for 20,000,000 won.

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