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(영문) 춘천지방법원 2018.09.07 2017노1151
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) Defendant: (a) writtens posted on the bulletin board of C University Syptnet (hereinafter “instant notice”) on the bulletin board of C University Syptnet (hereinafter “instant bulletin”); and (b) the victims are not specified as G, H, I, and J; (c) thus, the said notice has impaired the honor of victims.

subsection (b) of this section.

2) The content of the instant notice was already verifiable by Internet newspaper articles, and thus, the victims’ honor was damaged only due to the above notice.

subsection (b) of this section.

3) The Defendant did not intend to defame the victims, but did not posted false information, and thus, the Defendant’s act does not constitute a violation of Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and even if the Defendant’s act constitutes the elements of the crime of defamation under Article 307(1) of the Criminal Act.

Even if the Defendant prepared the instant notice for the public interest, and thus, the Defendant cannot be punished on the grounds that illegality is excluded pursuant to Article 310 of the Criminal Act.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. 1) Judgment of misunderstanding of facts and misapprehension of legal principles on the assertion that victims were not specified; i) the following circumstances acknowledged by the evidence duly adopted and investigated by the court below; i.e., the Defendant: (a) was punished through a prosecutor’s investigation or under investigation by the prosecutor’s office; (b) G professor, who was the two titles of the two titles of the two titles of the “me,” assaulted the female employees belonging to the legal entity in the process of occupying the office of the president of the C Institute in 2015; and (c) was listed on the Trannet bulletin board of the school; and (b) this article is written.

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