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(영문) 인천지방법원 2019.06.13 2018노2435
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) among the judgment below of the court below on erroneous determination of facts, the Defendant posted a true letter for the promotion of the reconstruction of this case for the public interest, its illegality should be

B. The punishment of the judgment of the court below on unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.

2. Ex officio determination

A.In the first instance trial, the prosecutor stated the facts charged (1) of the judgment of the court below as follows: “The defendant, the victim B, and C are D apartment residents at the time of influence. The defendant had access to the E-house rooms around 08:04 on June 19, 2017, and without adequately explaining the victims about reconstruction, he voluntarily selected and promoted the reconstruction work to the residents of D apartment, and sent 14 members of D apartment F and G Dong to the above E-house rooms. Although the victims did not have the ability to prevent the victims from being misled at time or at time, it is possible to prevent them from being distorted, it is necessary to block the victims from being distorted, and the victim’s 2-day indictments No. 1 to 25 days on June 19, 2017 (No. 25 days on June 19, 2017). However, it is stated in the attached Table 1 (No. 1 to 25 days on June 27, 2017).

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