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(영문) 의정부지방법원 2014.11.07 2014노1078
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is a member of the National Assembly, prepared the instant bulletin under the circumstance that the victim of the National Assembly, who was a member of the National Assembly, is believed to be a photograph included in the comments written by himself/herself, and did not think that the content of the instant bulletin is false.

In addition, since the defendant prepared the instant notice for political criticism against the victim who is a member of the National Assembly, it cannot be said that there was a purpose of slandering it.

Therefore, the judgment of the court below that convicted the defendant of the facts charged of this case by revealing false facts for the purpose of slandering the victim is unjust as it misleads the facts or misleads the legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The lower court also argued that the Defendant had the same purport as the grounds for appeal, and the lower court determined that, on the grounds as indicated in its reasoning, the Defendant sufficiently recognized that the content of the instant notice may be false, and that there was a purpose of slandering the victim so far.

However, according to the evidence duly admitted and examined by the court below, the defendant did not take any measures to confirm whether the content of the notice of this case is true or not, and the victim directly ordered the victim on April 10, 2013, which was before the formation of the notice of this case, on the part of the defendant, on April 10, 2013. The defendant also prepared the report of this case (as evidence No. 1 and No. 36 of the record). In light of these facts, the court below's decision is acceptable.

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