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(영문) 의정부지방법원 2017.02.07 2016노3227
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant (misunderstanding of the legal doctrine) sent the victim a text message as stated in the facts constituting a crime, it is a legitimate act for the collection of legitimate claims.

B. Prosecutor 1) In the facts charged of this case, each of the facts charged of defamation is found guilty on the basis of relevant evidence, but the court below acquitted the above facts charged, and the court below erred in the misapprehension of facts.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion, the Defendant was in an internal relationship.

As the J did not receive money, the Defendant’s act cannot be deemed as a legitimate act that does not go against the social rules governing the collection of claims, in light of the content, degree, frequency, process, etc. of the other party or text message.

Therefore, the defendant's above assertion is without merit.

3. Judgment on the prosecutor's assertion

A. 1) On November 9, 2015, the Defendant: (a) made a mistake in fact; (b) at the secondary and secondary commercial office of E in which the victim C works in Ansan-si, Ansan-si, Seoul-si, Seoul-si, the Defendant: (c) made a fraud against E’s husband and wife by conspiracy; and (d) the E representative F.

The fundamental cause of all these fraud damaged the reputation of the victim by openly pointing out false facts C, “C.”

B) On December 15, 2015, the Defendant called the E RepresentativeF from the 17:00 square meters on December 15, 2015, and “a couple conspired with one another to commit fraud.”

“The honor of the victim was damaged by openly pointing out false facts.”

2) The lower court rendered a not-guilty verdict on this part of the facts charged on the following grounds.

A) The police interrogation protocol against the defendant is on the interrogation of the suspect.

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