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(영문) 수원지방법원 2020.09.10 2020노781
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

A. The facts alleged by the Defendant (the factual errors and misapprehension of legal principles - the guilty part) are true, and even if some of the facts are not true, the Defendant, as a person subject to a fund-raising campaign, has considerable grounds for believing that the content of the campaign is true and true. As such, at the time of the instant case, there was no intention of defamation and there was no purpose of defamation against the Defendant.

In addition, the Defendant stated in the purport that the N Association and D should be operated normally for the rights and interests of its members at the time of the instant case, and even if the Defendant stated in the statement, there is considerable reason to believe that the Defendant is true even if there is any portion other than the truth, so the Defendant’s act is not unlawful.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Prosecutor 1) misunderstanding of facts (the judgment of the court below on the acquittal part of the charges did not have deliberated on whether the Defendant’s act constitutes defamation due to the statement of facts under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection by demanding changes in indictment with respect to the part that the Defendant stated “the person who committed a crime involving customers, etc. by the rent method,” among the charges, constitutes defamation due to the statement of facts under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the other part of the charges did not have deliberated on whether the Defendant’s act constitutes defamation due to the statement of facts under the above Act by examining as a witness who prepared and submitted the

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