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(영문) 대구지방법원 2021.02.04 2020노798
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles (defendants) and the contents of the article reported by Defendants A and B, or the contents of the article reported by Defendants C are not false facts, but did not intend to impair the honor of the victim, and there was no intent to defame the Defendants, and there was no intent to defame the victim, and there was no performance in the contents of the article of Defendant C.

B. The punishment of a fine of KRW 5 million sentenced by the lower court to Defendant C is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts and legal principles, the Defendants also asserted that the grounds for appeal in this part and the contents of the article are false, and the lower court also acknowledged that the content of the information and the contents of the article are facts at the time when the victim’s statement at the investigative agency and court of the lower court, the statement at the investigative agency and court of the lower court, the statement at the investigative agency of the J, the statement at the investigative agency of the Defendant A, the minutes of the board of directors, etc. (2) the victim did not embezzled the funds of D, the victim transferred equipment owned by the Defendant C to L (hereinafter “L”) to the investigative agency and the investigative agency, the statement at the investigative agency and investigation agency of the UJ and U, and the statement at the investigative agency of the Defendant A are not jointly owned by the victim and the victim’s statement at the time when the victim transferred to the investigation agency of the lower court, the victim’s statement at the time when the investigation agency and the defendant’s statement at the investigative agency were partially transferred to the investigation agency.

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