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(영문) 수원지방법원 2017.07.20 2016노6027
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to defamation on November 9, 2014 and November 10, 2014, Defendant 1’s misunderstanding of facts and legal principles, since the purpose of defamation is for public interest, illegality should be avoided pursuant to Article 310 of the Criminal Act, and since it is merely an explanation about the writing written by the victim, it constitutes legitimate defense (claim 1-B). As to defamation on November 22, 2014, there is no evidence to prove the facts charged, since there is no fact that the writing written by the Defendant refers to the victim, and there is no evidence to prove the facts charged (Evidence 2). As such, the offense of insult is not established since there is no statement of fact regarding insult on November 10, 2014, and since it is for the sake of enhancing the credibility of the victim’s writing prepared, it constitutes a legitimate assertion that the victim is a victim’s more than the victim’s defense with an intention to defend himself/herself (Article 3-4 of the Criminal Act).

The judgment of the court below which convicted the defendant as to each of the facts charged in this case cannot be said to have been erroneous, or there is an error of law by misunderstanding facts or misunderstanding legal principles which affected the conclusion of the judgment.

2) Although the criminal defendant did not explicitly assert unfair sentencing, the contents stated in Paragraph 3 of the Reasons for Appeal submitted by the defendant to this court on October 7, 2016 are the same amount of fine as that sentenced to the victim in the case where the defendant accused the victim.

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