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(영문) 서울중앙지방법원 2019.07.25 2019노1384
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since there was a possibility that the Defendant would do so in the future even if there was a part other than a false fact, the Defendant was aware of the country without the intention to impair the honor of Gparty and posted a letter for the public interest. Therefore, the illegality is dismissed in accordance with Article 310 of the Criminal Act and the freedom of expression.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine and the cost of lawsuit) is too unreasonable.

2. Determination

A. According to the records on the assertion of mistake of facts and misapprehension of legal principles, it is reasonable to view that all of the Defendant’s notices were false and that the Defendant knew or could have sufficiently known that they were false, and that there was an intention to impair the honor of Gparty. Therefore, the instant facts charged cannot be found guilty and the illegality of the instant facts charged cannot be denied.

Therefore, the defendant's above assertion is without merit.

B. As compared to the judgment of the court below on the assertion of unfair sentencing, there is no particular change in the sentencing conditions, and the sentencing grounds as shown in the records and arguments of this case are considered to have exceeded the reasonable scope of discretion because the sentencing of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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