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(영문) 창원지방법원 2013.05.02 2013노39
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, based on objective data, sought advice from experts and urged the victim H to harm, and there is no fact that he has impaired the victim’s reputation; and (b) the Defendant believed that the alleged content was true and that there was a considerable reason to believe that it was true; and (c) thus, the Defendant was dismissed from illegality pursuant to Article 310 of the Criminal Act; (d) the lower court convicted the Defendant of the facts charged in the instant case; and (e) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion

2. In full view of the evidence duly admitted and examined by the court below, the fact that the defendant defames the victim as stated in the judgment below is sufficiently recognized.

In addition, Article 310 of the Criminal Act concerning the denial of illegality cannot be applied to defamation through an information and communications network or defamation by a statement of false facts (see, e.g., Supreme Court Decision 2006Do648, Aug. 25, 2006). Recognizing that the Defendant was true for the alleged facts.

However, according to the records of this case, it is difficult to view that there was a considerable reason for the defendant to believe as such.

Therefore, the defendant's assertion of mistake is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.

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