(영문) 부산지방법원 2015.6.4.선고 2014고정4852 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

Of the facts charged in the instant case, the charge of violation of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc. (Defamation) concerning Attached Table 3 is not guilty.

Reasons

Criminal facts

The defendant is a member of Addi B, C, and D in Internet portal site.

1. Violation of Act on Promotion of Information and Communications Network Utilization and Information;

On September 26, 2012, at around 38:38, the Defendant connected on the Internet portal site “Internet portal site with which many and unspecified people can see,” and invested in the ging door and the ging of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth.

Accordingly, with the aim of slandering against the Defendant, the Defendant undermined the reputation of the victim school foundation by disclosing false facts openly through the information and communication network.

2. Definating;

On February 28, 2012: around 16, 2012, the Defendant had access to the Internet portal site “Nberber’s knowledge bulletin board that enables many unspecified people to view,” and had published a letter of “the content of “the content of” on the part of the Doison’s representative at the lowest level of Seoul, the Doison’s representative, from around that time to February 19:38, 2014, the Defendant openly insultingd the victim on 27 occasions as shown in the [Attachment] List 2.

Summary of Evidence

1. The defendant's partial statement in the first trial record;

1. Each police statement of E;

1. The application of Acts and subordinate statutes to applications for authorization to a professional law school, such as the current status of sign language scrap, main type engineering certification, standards for engineering certification, and search closures for university Aluria Employment Rate; Busan Franchis; articles for Busan Franchis; articles for international newspapers; the current status of employment of members of club members; current status of investments in machinery and equipment/stacks by department from 2011 to 2013;

1. Relevant laws and the choice of punishment for the crime;

Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Article 311 of the Criminal Act; Selection of each fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

Parts of innocence

1. Summary of the facts charged

On July 27, 2012: around 13, 2012: Around 17: Around 2012, the Defendant visited the Internet portal site that enables many unspecified people to view at a place where the location is unknown, and published false information on the bulletin board, “On the regular settlement of entry in the East Asia 2012, there was a considerable drop in comparison with the preceding year.” From around that time to January 12: 49, 2014, the Defendant published false information on eight occasions, such as the content indicated in the “Attachment 3” list of crimes.

2. Determination

A. The facts charged on the part 1 to 5 of the attached Table 3’s annual list of crimes reveal that the Defendant had fallen in the admission record of East Asia University, thereby impairing the honor of the victim.

However, according to the evidence duly adopted and investigated by this court, the following circumstances are revealed.

① The class of the Collegetic Ability Test (hereinafter referred to as the "Degree") is equivalent to the percentage of the relevant examinee among all applicants. The grade is divided into nine. The class is up to the first grade 4%, the second grade 4% to the 11%, the second grade 11%, the third grade 1-23%, the fourth grade 23% to the 40%, the fifth grade 40% to the 60%, the sixth grade 60% to the seventh grade 77%, the fourth grade 77% to the 89%, the fourth grade 89% to the 9th grade, and the fourth grade to the 2nd grade, and the average grade of the students cannot be reflected in the second grade (the first grade to the second grade to the first grade to the second grade to the second grade to the second grade to the first grade to the second grade to the first grade to the second grade to the second grade to the upper grade, so the first grade to the second grade to the second grade to the second grade to the second grade to the second grade.

Therefore, it is insufficient to directly prove that the evidence on the average level of ability among the evidence submitted by the prosecutor has fallen in the entrance record of the East Asia University is false.

② Even when comparing the average values of the water level for regular years from the year 2010 to the year 2013, the average of the water level for the entire years : March 91, 2010 to March 87, 2011; and March 89, 2012 to March 89, 2013 to March 87, 2013; each department combines with the reduced average water level of the water level of the year ranging from the year 2010 to the year 2013; among the 70 departments as a whole, 28 departments in the year 2011 to the year 201; 33 departments in the year 2012 to the year 2013; and 32 departments in the year 2013 to the year 2013, which fell below the average water level of the previous year.

(3) In the case of a candidate who passed an occasional recruitment examination, the average class of curriculum has risen in March 2010 by March 03, 2010, February 75, 2011, and February 70, 2012. However, there is no evidence as to any other screening element, and thus, it cannot be readily concluded that the average class of curriculum alone does not have fallen in the entrance examination record.

④ Since the part of the Defendant’s article posted is an expression that could not determine objective standards due to the Defendant’s subjective evaluation, the part of which is so many, i.e., many, i., many, i., or too many, i.e., so that it cannot be said that it is false.

In light of the above circumstances, the evidence submitted by the prosecutor alone cannot be readily concluded as false facts that “the entry of the East Asia University has fallen,” and there is no other evidence to acknowledge this part of the facts charged.

B. The facts charged in the part of the attached Table 3 No. 6, 7, and 8 are the law school of East Asia University (hereinafter referred to as "law school").

The fact that the pass rate of the bar examination is the lowest or lowest, thereby impairing the honor of the victim.

However, according to the evidence duly adopted and examined by this court, ① the pass rate of the law school of the Chungcheongnam-do University is 64.4% on 64.4% on the basis of the first bar examination, and the pass rate of the law school of the Chungcheongnam-do University is lower than 73.6% on the 76.8% on the 76.8% on the 73.6% on the 73.6% on the 73.6% on the 73.6% on the 73.6% on the 196.6% on the 73.6% on the 196.6% on the 196. According to the above examination submitted by the prosecutor, it cannot be readily concluded that there was an intentional intention on false facts, ② The pass rate of the 1st bar examination of the 25.4% on the 25th on the 24th on the 25th on the 24th on the 25th on the 1996.

In light of the above circumstances, the evidence submitted by the prosecutor alone cannot be readily concluded that the pass rate of the bar examination in the law school of East Asia is false, and there is no evidence to acknowledge this part of the facts charged.

3. Conclusion

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act.