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(영문) 서울서부지방법원 2014.05.29 2014노90
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (two million won of fine) by the lower court is unreasonable.

2. The judgment of the court below is inappropriate in view of all the following factors: although the defendant's act of corruption without any verification of facts against the victim, who is the incumbent Do Governor, is light of the quality of the crime in that he defames a reputation by clearly and decently disclosing false facts through the information and communications network through which many people can peruse, it is not planned to hear and rashly conduct false information on the defendant's opportunity; the defendant has no criminal records; the defendant does not have criminal records; the criminal facts are dead up to the trial; the facts of the case; the victim's relationship; the situation after the crime is committed; the defendant's career, age, etc.; and the various sentencing conditions specified in the records and arguments are considered as inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the Selection of Fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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