(영문) 서울북부지방법원 2014.10.30 2014노914

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2014.10.30 2014노914

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (5 million won of a fine) imposed by the lower court against the Defendant is too unreasonable.

B. Prosecutor 1) The Defendant is the victim F Co., Ltd. (hereinafter “victim company”).

(2) The court below opened NAF, etc. for the purpose of slandering the Defendant, and posted NAF, etc. on four occasions from November 4, 2012 to March 25, 2013, by openly revealing facts on the Kaffbook bulletin board, etc., and thereby damaging the reputation of the Defendant. In addition, in light of the time of preparation, contents and the details of the indictment attached to the indictment prepared by the Defendant during the above period and posted on the Kaf bulletin board, it cannot be deemed that there was no purpose of slandering the Defendant against the Defendant in preparing and posting the relevant article. However, the court below acquitted the Defendant of this part of the facts charged. (2) The court below acquitted the Defendant on this portion of the charges by misunderstanding the facts, and found the above sentence imposed by the court below on the Defendant of unfair sentencing.

2. Determination

A. 1) The prosecutor’s assertion of mistake of facts in a criminal trial has the burden of proving the facts charged in the criminal trial, and the conviction of guilt should be based on evidence with probative value sufficient to have a judge conclude that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it is inevitable to determine the defendant’s interest (see, e.g., Supreme Court Decision 2011Do7261, Nov. 10, 201). 2) Based on the above legal doctrine, the reasons for innocence of the lower judgment and the evidence duly adopted and examined by the lower court, a thorough examination of the evidence duly adopted and examined by the lower court, the evidence submitted by the prosecutor alone, with the written indictment, written out by the Defendant, is written in the sequence No. 3 in the list

참조판례

-대법원 2011. 11. 10. 선고 2011도7261 판결

유사 판례

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