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(영문) 인천지방법원 2016.05.11 2015노3651
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows:

“The victims” and “the victims shall pay them solemnly.”

Since the expression “” ought to be deemed to constitute a statement of fact in the crime of defamation, the lower court erred by misapprehending the legal doctrine regarding the facts charged in the instant case.

2. Determination

A. The gist of the facts charged is that the Defendant shall render a judgment upon the lapse of the statute of limitations. However, the instant case was not subject to Article 70(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., but was indicted for seven years or less, suspension of qualifications for not more than ten years, or a fine not exceeding 50 million won (the instant indictment was instituted on February 23, 2015, before seven years have elapsed since it was committed on October 11, 2009). The instant indictment was lawful since it was instituted on February 23, 2015, which was seven years from the date of the crime.

On October 11, 2009, the Defendant connected the Internet Neneber “C” page to the clinic of “D,” and the facts were not found to have been the separation of the victim’s Netherlands central church, and the victims were not able to mislead the doctrine, and even though the victims were not the victims, it is obvious that the Defendant’s “(the Adeldeles central church)” was separated for the purpose of slandering the victims.

Magre, as the Dogre had had been dice, would deny the reforest of Dogre because the Dogre had already been dice.

In addition, although he adjoins natural material and becomes natural material, he misper chip that he would be the same as natural material.

He was the father's parents, and the victims were strict.

09.10. Written churches and Embane magazines

by posting a letter stating “the reputation of the victim”, thereby impairing the victim’s reputation by openly pointing false facts.

B. The lower court’s determination is as indicated in its reasoning, which reads “abundance clearly” and “abundance.”

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