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(영문) 대구지방법원 2014.02.07 2013노2765
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the facts charged and the victim C are those who are members D.

On September 10, 2010, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) on Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act”) on September 10, 2010, the Defendant arbitrarily replaced the president by means of a computer at a place not known to the public around 15:48 on September 10, 2010, and published an article on the free bulletin board of the said association website “Is the lawsuit of one member related to the lawsuit, etc. involving the special meeting and association, etc.” under the title “Is the lawsuit of one member related to the lawsuit, etc. surrounding the special meeting, etc., by arbitrarily interpreting the articles of association provisions, which are the chief director who is the head of the association, by arbitrarily interpreting the articles of association provisions of the whole country’s branch of the branch of the branch of the branch of each association,” “Is the victim’s arbitrarily changed the president, including “Is, F and G members appearing.”

However, the change of the chief director is subject to the court's legitimate decision, and the victim did not have forced the branch of the whole country to return to the branch of the branch office.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts through the information and communication network with the aim of slandering the victim.

B. On December 12, 2010, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) of Act on Promotion, etc. of Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc. (hereinafter referred to as the “Act on Promotion, etc.”) (hereinafter referred to as the “Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc.”) puts a decision by its members in the following arguments: “In Article 25531 of the Act, the Defendant, at a place where it is unknown on December 19:17, 2010, stated that “I will hold a meeting of subdivisions, branches, and Do councils across the country and will no longer mislead its members.”

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