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(영문) 서울남부지방법원 2021.01.21 2020노374
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) refers to the Defendant’s referenced in order to talk about the company’s complaints at the time when the Defendant sent F and text messages from other workers, such as G, and the Defendant did not have the awareness of false facts and purpose of defamation, and did not meet the public performance of defamation, and F did not have the possibility of spreading them to a third party.

Nevertheless, the lower judgment that recognized the Defendant as committing a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) erred by misapprehending the legal doctrine.

2. The lower court also made the same assertion as the grounds for appeal, and the lower court rejected all of the Defendant’s arguments in detail, stating the circumstances in the column of “determination on the Defendant and his defense counsel.”

Examining the judgment of the court below closely after comparison with the records, the court below recognized the public performance because the contents of the text of this case constitute a statement of false facts, and F, who received text messages, could transmit the above contents to a third party, and there was a purpose of slandering the defendant.

It is just to find the defendant guilty of facts constituting a crime, and there is no error of misunderstanding the facts or misunderstanding the legal principles pointed out by the defendant.

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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