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(영문) 서울북부지방법원 2014.07.25 2014노240
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim of the defendant did not file a complaint against the defendant as a crime of insult in relation to the comments in the attached Table 1, and therefore, the insult part of the facts charged in the instant case was found to lack of indictment requirements for a crime subject to victim's complaint, and even if it is not so, the defendant's act is a justifiable act that does not violate the social rules and thus

Nevertheless, the lower court found the Defendant guilty on this part of the facts charged by misapprehending the legal doctrine as to the offense of insult or insult.

B. Despite the fact that the Defendant posted a false statement, the lower court acquitted the Defendant of the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) among the facts charged in the instant case by misapprehending the legal doctrine on Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

2. Determination

A. 1) Determination on the grounds of appeal by the accused as to whether there was a victim’s complaint in an offense subject to victim’s complaint is a victim’s complaint. A complaint in an offense subject to victim’s complaint is a victim’s declaration of intent to report a criminal fact to an investigative agency and seek punishment for a criminal offender, and it can be made orally as well as in writing. Thus, the criminal facts of the complaint should be specified. However, the specific degree can only be determined by which the complainant’s intent to commit a crime is specifically designated (see, e.g., Supreme Court Decisions 200Do4595, Jun. 14, 2002; 2002Do446, Oct. 23, 2003). According to the evidence duly adopted and examined by the court below, according to the evidence duly adopted and examined by the court below, the victim E (hereinafter “victim”).

() On May 7, 2013, at the police around 15:16, May 3, 2013, the Defendant’s oral statement at the police station around May 7, 2013, on the bulletin board of the “Gangbuk Branch” bulletin board (hereinafter “instant bulletin board”).

annex. ...

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