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(영문) 인천지방법원 2016.08.12 2015노4531
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: ① Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation); ⅰ) the content of the text message sent by the Defendant does not constitute a false fact as a substitute, but ⅱ) the fact alleged is related to the public interest, and thus, the purpose of slandering is denied; ② in the case of insult, the Defendant’s act is related to the public interest or is not contrary to the social rules, and its illegality is dismissed.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

2. In the judgment of the court below, the defendant argued to the same effect as the alleged misunderstanding of the above facts or the misapprehension of the legal principles, and the court below rejected the above assertion. In light of the evidence duly admitted and examined in the court below and the trial court, the judgment of the court below is justified, and the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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