(영문) 의정부지방법원 2018.06.04 2017노3425

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(영문) 의정부지방법원 2018.06.04 2017노3425

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The Defendant was aware of the victim as the operator who established the Kakao Stockholm Group Stockholm, and did not know that the victim was the representative of the minority shareholder union. Although the writing posted by the Defendant did not indicate specific facts but expressed subjective emotions or personal opinions, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal doctrine on the crime of defamation or defamation of reputation.

2) The judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles as to the offense of insult, which affected the conclusion of the judgment, even though the Defendant was a member using the NA “M” as one of the applicants of the Union of Minority and was not the victim.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On April 17, 2016, the summary of the facts charged in this part of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) 1 is the clinic of “E” from the Stockholm Group Stockholm on April 17, 2016.

It is necessary to clarify that the evidence of the part intentionally committed in the closure may be legally responsible for the so-called so-called so-called so-called 'normy'.

It is time to see the important facts that have not been informed of the parts that are appropriate in front and rear and of the minor shareholders.

I would like to enter the legal procedure in the case of notification by the internal date.

In addition, even in the case of closure, I have been prepared to see the well-being of sunshine.

유사 판례

-의정부지방법원 2017.11.16 2017고정940

-대구지방법원 2017.10.18 2016고정2640

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-대구지방법원 2018.06.22 2017노4712

-인천지방법원 부천지원 2018.05.18 2018고정210