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(영문) 서울중앙지방법원 2020.06.25 2020노158
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (i) The content of text messages sent by Defendant A is true, and there was no perception that such text messages are false.

Even if not,

Even if the defendant sent the above message to prevent the defendant from interfering with the defendant's corporate corporate C affairs, the defendant's illegality is excluded in accordance with Article 310 or 20 of the Criminal Code.

Shebly, the lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

B. The text message sent by Defendant B (i.e., mistake of facts or misapprehension of legal principles is an expression of opinion on the person who led the illegal extraordinary general meeting, and does not constitute the concept of insult under the Criminal Act.

Dob. The sentence of the lower court on unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination on Defendant A’s grounds of appeal

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant made the same assertion in the lower court, and the lower court made a comprehensive statement of the facts and circumstances that were the grounds for the determination of each point of issue, and rejected the Defendant’s lawsuit on the ground that: (i) the content of the text message sent by the Defendant is false, ② it is difficult to view that the Defendant was justifiable to believe that the content thereof is true; and (ii) insofar as it constitutes defamation by a statement of false facts, Article 310 of the Criminal Act on the elimination of illegality is not applicable as long as it falls under defamation by a statement of false facts; (iii) it is difficult to view that the Defendant’s act falls under a justifiable act that is acceptable by social norms

The court below duly adopted and examined the above contents in comparison with the evidence examined by the court below, and the defendant's evidence of the victim's accounting corruption in relation to the Seoul General Assembly on the first trial date is H.

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