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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.10.13 2016노2371
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant opened a camera on the Internet website with a view to slandering the victim F, and puts the same writing as the list of crimes in the annexed sheet.

In addition, the above article is an expression of specific false facts in its content, and the defendant was aware that the above article is false.

Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case on the ground that the above writing did not contain false facts, or that the defendant did not have a false perception, was erroneous in the misapprehension of legal principles.

2. The summary of the facts charged is that the defendant's house located in the E, 118 Dong 503 on December 15, 2008 and that the defendant was not a professor because of the victim F's conviction. However, the defendant's Internet site, which was established by the defendant, posted a notice to the court below that the victim F was convicted on 2002 and retired from teaching due to that judgment, and that the victim F was retired from teaching, as shown in the annexed list of crimes, six times the year of the annexed list of crimes, such as the annexed list of crimes, was 1 to 7, but the amendment to the indictment was made in the court below that deleted three parts per annum of the annexed list of crimes.

In this way, false information was posted in the above car page, thereby impairing the honor of the victim.

As a result, the defendant has damaged the reputation of the victim by openly pointing out false facts with the intention of slandering others.

3. Determination

A. The lower court found the Defendant not guilty of all the charges of this case on the grounds that: (a) there is no evidence to support the existence of false facts or the Defendant’s awareness of the falsity; (b) it is difficult to regard the attached Table Nos. 2, 4, 5, and 6 as a statement of specific facts; and (c) it is merely an expression of opinion for value judgment or evaluation.

(b) 1 applicable legal principles for the determination of the political party.

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