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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2012.12.28 2012노3087
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Scope of the judgment of this court;

A. The record reveals the following facts.

1) The lower court acquitted all of the facts charged in the instant case. The prosecutor appealed on the grounds of mistake of facts or misapprehension of legal principles as to the entire acquittal portion of the primary facts charged in the instant case, and filed an application for permission of modification of a bill of indictment with the content that added the facts charged as stated in the following 3.3. The first instance court prior to remand permitted it. 2) The first instance court dismissed the prosecutor’s appeal to the purport that it is reasonable and acceptable to render the Defendant not guilty as to the primary facts charged in the instant case, and the additional facts charged in the instant preliminary facts are merely an expression of abstract judgment or saficial appraisal, not an expression of specific facts, in light of the content of the notice in the instant case. However, as long as the lower court’s judgment that acquitted the primary facts charged is maintained, the lower court did not sentence the Defendant not guilty

3. The prosecutor again filed a final appeal on the same grounds. The first instance court held that the prosecutor's final appeal on the main facts charged of the instant case is groundless. However, the part on the ancillary facts charged of the instant case can be seen as a statement of fact, and there is reasonable ground to view that the overall observation of the notice of the instant case may undermine the victim's social value or evaluation, thereby impairing the reputation of the victim. The part on the conjunctive facts in the first instance judgment prior to remand is reversed, and the corresponding part was remanded to the collegiate division of the court.

B. According to the above facts of recognition, the judgment of the court below and the judgment of the court of first instance prior to remand were acquitted. The part of the facts charged in this case is reversed.

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