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(영문) 서울서부지방법원 2017.08.10 2017노306
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment below

Among them, the part on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) is applied.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant alleged in the video as stated in the facts charged in this case is false, and that the defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) and acquitted him of interference with the business, although he had false awareness of the purpose of slandering the defendant, the court below erred by mistake

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor, while maintaining the facts charged as to the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) due to a statement of false facts in the first instance of the trial, applied in preliminary application of Article 70(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., as stated below, an application for modification of an indictment to add the facts charged as to the violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) due to a statement of fact as stated in the facts charged. Since this court permitted this, the subject of the trial was changed, the part of the judgment below as to the violation of the Act on Promotion of the Use of Information and Communications Network Utilization

However, the prosecutor's assertion that the prosecutor's mistake of facts as to the primary charge of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and obstruction of business is still subject to the judgment of this court, and this is examined.

3. Judgment on the prosecutor's assertion of mistake of facts

A. Determination as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (1) The summary of the facts charged in this part is the Defendant’s Internet homepage with a view to slandering the Victim K Co., Ltd. (hereinafter “victim”) at the J located in Dongjak-gu Seoul Metropolitan Government International around 16:00 on August 12, 2014.

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