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(영문) 서울동부지방법원 2013.05.30 2013노265
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (the factual error) ① Although the instant case C was under formal trial due to the fabrication of private documents, it is reasonable to view that the Defendant, despite the fact that the Defendant, despite the fact that the Defendant was not yet guilty by the “the presumption of innocence” under Article 27(4) of the Constitution, was aware of the false fact that C forged private documents. ② In the current case under investigation, the public agency would have judged that the case should be disclosed to the public, and the fact that the Defendant, a private person, disclosed it to the public, cannot be deemed to have been for the public interest. However, the lower court determined that the Defendant’s writing on the Do governor website and car page was for the public interest, and thus, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

2. Prior to the determination of the grounds for appeal by the public prosecutor, the public prosecutor examined ex officio, and the public prosecutor added the existing facts charged to the applicable provisions of law as the primary facts charged, and added "Article 70 (1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.," to the applicable provisions of law, and there was no fact that the victim had forged private documents, etc., in the existing facts charged. Nevertheless, the Defendant posted a notice to the victim that "the victim has damaged the reputation of the victim by revealing false facts openly through the information and communications network. Nevertheless, the Defendant registered the change to the director. Nevertheless, the Defendant posted a letter to the victim that "the victim has damaged the reputation of the victim by revealing false facts openly through the information and communications network." As a result, the Defendant up to the charges of this case, which read that "

As seen in this subsection, the facts charged are the ancillary charges.

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