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(영문) 대구지방법원 2017.06.09 2016노3568
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of this part of the facts charged on a different premise, even if the defendant prepared a letter of posting the same as the previous one / [3] and sufficiently recognized the victims’ insult, which is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence that the court below rendered unfair sentencing (one hundred thousand won in 500,000 won) is too unhued and unfair.

2. Determination

A. (1) On February 7, 2014, the summary of this part of the facts charged is as follows: (a) the Defendant, at the Defendant’s home located in Daegu Suwon-gu H around 16:55, connected the following “C” carpets or victims’ respective Twitters via the Internet, and then, (b) made up a notice / [3] the list of crimes committed by the victims, and insulting each victims.

2) In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant’s writing contains somewhat influent or intangible expressions.

Even if this does not constitute an insulting speech that could objectively undermine the social evaluation of the personal value of victims.

On the other hand, this part of the facts charged was pronounced not guilty on the ground that there is no proof of crime.

A) Each posted article written in the list of crimes [3] is written by the Defendant on the bulletin board of “C” or the victim’s Twitter.

B) As a space where those who dissent from multicultural policies have a similar interest and interest, the Defendant, as a space, prepared a variety of comments in the process of sharing information on the members and victims who have thought similar to himself/herself.

C) The Defendant.

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