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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2014.01.23 2013노2195
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The motive behind the Defendant’s posting of the comments on the instant case was to inspire the members of the E Center with a view to raising sound awareness of accidents, and there was no purpose to defame the victim.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances that can be acknowledged by the court below's legitimately adopted and investigated evidence at the court below's decision on the assertion of mistake of facts, i.e., ① the victim has worked for a long time in E Center from May 2005, and the above Center has more than 70 employees including regular and non-regular workers, ② the defendant was employed by the above Center employees at the time, and the person who included the "P" in the name of the above Center employees at the time was the victim because he was the victim's child, and the person who was consulted with the above Center employees at the above Center or the victim was aware of the fact that the above "P" was not easy for the victim to recognize the above "P" as the victim, ③ the victim was aware of the fact that the victim was posted the comments on the Internet site of this case, ③ the defendant did not have any fact that he had posted the comments on the Internet site, and the defendant was aware of the defendant's opinion that "the defendant was using the above comments without investigation or verification of facts," and the defendant's opinion that "the above comments" was the victim's opinion.

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