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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2014.05.22 2013노1446
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of 4 million won) is too unreasonable.

B. Prosecutor 1 testified that there was no money from N, and the Defendant’s statement was proved to be false. Nevertheless, the lower court erred by misapprehending the fact, which found it difficult to recognize that the Defendant was a false fact, and thereby acquitted the Defendant of each defamation as of October 14, 2012 and October 29, 2012. 2) The sentence imposed by the lower court of unreasonable sentencing is too unreasonable and unreasonable.

2. Determination

A. 1) The summary of the facts charged is that the Defendant: (a) connected the “D Representative Council car page (G)” established on the website following the Internet from “Dongducheon-siF” for the purpose of slandering the victim E; and (b) sent a lot of money to NNN who had been a parking agency in the J building on October 29, 2012 for continuing parking business; (c) “H, October 14, 2012,” stated that the Defendant paid a lot of money for continuing parking business.”

In addition, if the absence of a timely fact is related to a specific period and the absence of a specific act at a specific place, the prosecutor who is the active party must prove it without reasonable doubt.

(See Supreme Court Decision 2009Do12132 Decided November 15, 2010). However, a parking lot agent is engaged in the business.

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