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(영문) 서울중앙지방법원 2020.02.14 2019노2422
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant (the fact-finding and the misunderstanding of legal principles) asserts that the contents written by the defendant are not false, but that the defendant did not write any writing on the Internet website AB (No. 1 No. 2) and AE (No. 1.16). However, during the third trial of the court below, the prosecutor applied for changes in the indictment to the effect that the above crime No. 2 and 116 should be deleted, and the court below excluded the above crime No. 2 and 116 (No. 160 of the trial record) from the above crime in the judgment of the court below (No. 160 of the court below's judgment), and the above part is not subject to the judgment of this court.

Therefore, the defendant's above assertion is not a legitimate ground for appeal, and this part of the appeal is not judged.

Since the defendant stated it for the public interest, the illegality is excluded (legal scenario).

The prosecutor(unfair punishment) sentenced by the court below (two years of suspended sentence in August) is too unfluened and unfair.

2. The lower court rejected the Defendant’s assertion on the misapprehension of the facts and misapprehension of the legal doctrine regarding the Defendant’s assertion that the Defendant had the same assertion as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the grounds that the facts alleged by the Defendant were false and reasonable grounds for believing that they were true

The judgment of the court below is justified in view of the following facts and circumstances recognized by comprehensively taking into account the evidence duly adopted and delivered by the court below.

Defendant’s assertion is without merit.

① On January 2013, the Defendant began to doubt that a nurse, who had worked at a oriental medical clinic he/she operated, was operating a dental license by either one of the two nurses, and changed the password in the course of accessing the job-seeking site.

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