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(영문) 서울중앙지방법원 2017.04.27 2017노161
모욕등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

Reasons

1. The first instance court found the Defendant guilty of all the charges of this case against the victim E/Gun and G, and the appellate court prior to the reversal also rendered a judgment dismissing the Defendant’s appeal on the ground of mistake of facts and misunderstanding of legal principles.

The Defendant appealed on the grounds of mistake of facts, misunderstanding of legal principles and improper sentencing, and the Supreme Court reversed ex officio the judgment of appeal prior to remand on the grounds that E-Gun cannot be the victim of the instant facts charged, and remanded it to this court agreement.

2. Summary of grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) against the victim E group: The defendant's notice is not a false fact.

B. Regarding the insult of the victim G: Since the subject of insult is not a natural person G but a State agency E-Gun G, a State agency, the crime of insult against the victim G cannot be established.

(c)

The facts charged in the instant case are for the public interest and are thus dismissed as illegality.

3. Determination

A. Ex officio determination as to the facts charged against the victim E- group 1) No person who violates the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) shall reveal any false fact openly through an information and communications network to defame another person, thereby impairing the reputation of another person.

Nevertheless, the Defendant, on March 1, 2010, conducted a feasibility study following the additional installation of E items (b) under the title “E b(b) E for the purpose of slandering the victim E group,” even though the Defendant conducted a feasibility study following the additional installation of E items (B) on the bulletin board of the Seoul Special Metropolitan City Gwanak-gu Office website (F), and the fact that E group conducted a feasibility study for the additional installation of E items (b).

One recognizes that it is false on its own.

“At the time of posting a notice on the content of “”, from that time on January 2011.

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