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(영문) 서울서부지방법원 2019.07.04 2019노12
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation), the Defendant was sacrificinged by the victim B, or published a written article with the intent to prevent the victim from committing a multi-stage fraudulent crime in connection with virtual currency. 2) As to the crime of intimidation, the Defendant did not have the intent to prove the content to the child care center, and did not actually send it, and even if the content certificate was sent, the Defendant’s statement that “t send the content certificate to the child care center,” does not constitute a threat of harm and injury.

3) Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on each of the charges against the Defendant. B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 1.5 million), which was sentenced by the lower court, is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. In the lower court’s determination as to the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), the Defendant argued to the same effect as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the following grounds: (a) in light of the background behind the Defendant’s posting of the instant comments; (b) the content of the comments posted by the Defendant; and (c) the nature of the bulletin boards posted by the Defendant; and (d) the relationship between the members and the Defendant and the victim, the evidence submitted by the Defendant alone

In addition to the above circumstances presented by the court below, the following circumstances revealed by the evidence duly adopted and examined by the court below and the court below, i.e., the notice of this case.

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