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(영문) 서울중앙지방법원 2016.10.06 2016노1491
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The notice written by the Defendant cannot be deemed to have been identified by the victim, the content of the notice cannot be deemed to be false, and there was no purpose of slandering the Defendant.

Even if the writing written by the Defendant constitutes an element of insult or defamation, it constitutes a justifiable act that does not violate the social norms.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged is that the victim C concurrently operates a waz manufacturing and selling company with the trade name of “E” and “F” in Gangnam-gu Seoul Metropolitan Government D, and the Defendant is the friendship of G who filed a lawsuit against the victim for a claim for the purchase price.

In the above civil procedure, the Defendant had the mind that the victim posted a letter that slanders the victim on the multi-investment Internet.

1. Around April 10, 2014, the Defendant’s insultd the Defendant as “I” under the title “J and I” on the Internet NAB Blog, the Defendant’s Internet NABC, around 01:42.

Maditious work is easy, and roi is high.

The author puts up a statement that the highest or South Korean characters are used in fakes, and that it is false to obtain another person's pecuniary advantage with another person's pecuniary advantage as a result of recovery and that it is not true that there is no head, and that there is no ethics.

2) Around 07:06 on May 10, 2014, the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (defluence that the Defendant was damaged is under civil litigation due to disputes over the terms and conditions of a sales contract with G, and there was no mentioning that the victim purchased a furniture, etc. from G and intended to use it for the artificial medicine, but did not sell it in a fluent manner.

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