(영문) 부산지방법원 2014.07.25 2013노4069 | 리걸엔진

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(영문) 부산지방법원 2014.07.25 2013노4069

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although each of the crimes of defamation of this case and violation of the Act on Promotion, etc. of the Use of Information and Communications Network (Defamation) committed, the court below found the Defendant guilty of all of the facts charged despite that the contents of each of the crimes in this case were not false or false, and the facts charged were not false or false. However, the court below erred by misapprehending the legal principles on defamation or violation of the Act on Promotion, etc. of the Use of Information and Communications Network Utilization (Defamation).

B. misunderstanding of facts or misunderstanding of legal principles as to each of the insulting crimes of this case (defendant G) is not the head of the business headquarters of the D Co., Ltd., and does not have the ultimate authority within the headquarters, and is not a member of the management conference of the said Co., Ltd., and thus cannot be the victim of each of the insult crimes of this case committed by the said Co., Ltd., and there is no evidence to acknowledge the fact that

Nevertheless, the court below found all of the charges guilty. The court below erred by misapprehending the legal principles on the offense of insult and thereby adversely affecting the conclusion of the judgment.

C. The sentence of a fine of KRW 4 million imposed by the court below is too heavy or unhued so as to be unreasonable.

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. The following circumstances, which can be acknowledged by the evidence duly admitted and investigated by the court below for the crime of violation of the Act on the Promotion, etc. of the Use of Information and Communications Network Act (Defamation), are as follows: (i) Nos. 4 and 7, No. 4 and 7, (ii), (iii), and (6) of the crime list as indicated in the judgment below.

참조조문

-정보통신망이용촉진등에관한법률

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