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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.19 2014노6857
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the contents and nature of the article posted by the defendant, the scope of the counter-party to the publication of the pertinent facts, and the method of expression thereof, etc., the defendant should be fully recognized that the defendant had an intent to slander D at the time of posting the instant article, but the court below acquitted the defendant of the facts charged of this case. Thus, the court below erred by misapprehending the legal principles on defamation or by misapprehending the legal principles.

2. Examining the evidence duly adopted and examined by the court below based on the legal principles on the crime of defamation and violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), a thorough examination of the records of the instant case based on the legal principles on the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), the court below is just and acceptable to have determined that the Defendant had an intention to slander D at the time of raising the instant text on the Internet car page

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

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