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(영문) 서울남부지방법원 2016.08.25 2016노128
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts revealed by the Defendant: (a) the fact that: (b) the Plaintiff alleged the fact that: (c) the union opened a sufficient project cost of KRW 274.3 billion; (b) the union illegally received the written resolution; (c) the union made verbal abuse to the union members who want to enter a general meeting by filling out a fake written resolution in the ballot box; and (d) the union joined the association, but is not false.

B. The defendant's act of misunderstanding legal principles is for the public interest and is not illegal.

(c)

In light of the fact that the defendant has no record of punishment in excess of the same criminal record or fine, that he actively raises an issue for the benefit of union members, and that the defendant's act results in the public interest of union members, the punishment (400,000 won) that the court below sentenced the defendant is too unreasonable.

2. Determination:

A. Since the facts alleged by the Defendant regarding the assertion of mistake of facts are deemed to be all false as follows, this part of the Defendant’s assertion is without merit.

① According to the facts charged that a union composed of KRW 200 billion and KRW 274.3 billion, the core of the falsity among the above facts revealed by the Defendant is the falsity of the part stating that “A union’s cost is calculated at KRW 274.3 billion and, in calculating the project cost finally, there has been an unreasonable interest in including the detailed items in duplicate, false, and multiple, and thereby, the damage to the union members is about KRW 70 billion.”

However, the Defendant did not expressly state how the final project cost of 274.3 billion won, among the detailed items of the partnership, has been appropriated in duplicate, false, or exaggerated ways, and only the project cost of 187.4 billion won calculated on August 18, 2007 by an organization which is a branch of the Corporation, shall be calculated in the process of ratification of the selection of a new project for GS construction.

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