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(영문) 대구지방법원 2016.08.12 2015노4561
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal is as stated in the facts charged in the instant case. The Defendant posted a statement that damages the victim’s reputation or insults the victim on the Daegu Bank’s Internet website electronic civil petition bulletin board as stated in the instant facts charged. In such a case, the lower court acquitted the Defendant of the instant facts charged on the ground that the performance or the possibility of spreading is not recognized, and thus, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine

2. Summary of the facts charged in this case and the judgment of the court below

A. Summary of the facts charged 1) On December 15, 2014, the Defendant posted an article on the Internet Daegu Bank website (htp: //www. dgb.co. c. km) on the bulletin board of the electronic civil petition customer “C” on the Internet Daegu Bank website (htp) around 08:39, Dec. 15, 2014, and the facts are as follows: (a) the Defendant: (b) although the victim D had no record of opening the card seat or received cash at the restaurant, he/she will drink and enter the card-based seat or enter the restaurant; (c) even though he/she did not have any fact that the victim D had no record of opening the card seat or received cash at the restaurant, he/she will leave the door.

In recent years, 200,000 won was received in cash and I am to see.

A. The phrase “(compact)” was written in a false manner.

Accordingly, the defendant has damaged the honor of the victim by pointing out false facts in a public performance via information and communication network with the aim of slandering the victim.

2) On December 15, 2014, around 08:41, the Defendant expressed the victim’s title “E” on the Internet website customer’s bulletin board as indicated in the foregoing paragraph (1), and “(b)D on the other party’s assertion to use the 2..... Party’s assertion to use without permission is identical to that of the Gu’s private teaching institute, etc., and it is difficult for the Defendant to take food, such as the Gu’s private teaching institute, etc.

Haxa.

From December of the 12th of Earn, it is a private teaching institute.

In the future, it is well-rund that the FI will set up the future. It is "Irre, Irre, Irre (Hay)".

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