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(영문) 의정부지방법원 2018.07.09 2017노3511
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As indicated in the judgment below, Defendant 1 sent each text message as indicated in paragraph 1 of the judgment of the court below to the victim D’s workplace and friendly with the victim D’s workplace and friendly with the victim E’s workplace.

there is no evidence to consider.

2) Although the Defendant, as stated in Paragraph 2 A of the judgment below, sent a text message to the victim D as stated in Paragraph 2 of the judgment below, the Defendant cannot be deemed as a threat of harm and injury.

B) The act described in paragraph 2 of the decision of the court below by the defendant misunderstanding the legal principles is dismissed as an act that can be accepted in light of social norms.

3) The Defendant, at the time of the instant case, should be mitigated from punishment on the ground that the Defendant confirmed the victims’ inhumane relationship and was in a state of mental and physical weakness due to mental shock.

4) The sentence of the lower court (an amount of KRW 1,00,000) that is unfair in sentencing is too unreasonable.

B. Prosecutor 1) The bulletin board of “recipulation newspaper to correct” of the Eastern Book E, in which a victim victim E was employed, is unable to read by the outside person, but public performance is recognized because anyone can peruse if the company employee is allowed.

The cyber-report bulletin board for the cyber-report is not open to the public, but the contents of the report should be disclosed to the employees in charge and the employees of the company in the process of receiving and processing the report. In this process, there is a possibility that the report will be disseminated to many and unspecified people, and the performance is recognized because many employees have become aware of it.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below as to the assertion of misunderstanding the facts related to paragraph 1 of the judgment below, and ① the victims are stated in paragraph 1 of the judgment of the court below in the complaint filed by the defendant on September 5, 2016.

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