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(영문) 수원지방법원 2014.09.15 2014노1107
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the facts charged in this case, from January 24, 2013 to February 25, 2013, the Defendant damaged C’s reputation by openly pointing out false facts with a view to slandering C, as indicated in the separate sheet, at the name of the Internet National Park Service website of the Korea National Park Service.

2. The lower court found the Defendant not guilty of the facts charged on the grounds that the part on the statement of facts in the writing posted by the Defendant appears to have been aware that there is a little difference from the truth or somewhat exaggerated expression in detail, but the important part is consistent with objective facts or that it was a fact as the Defendant. Therefore, the lower court found the Defendant not guilty of the facts charged on the grounds that there is insufficient prosecutor’s proof on the fact that the statement of facts

3. Summary of grounds for appeal;

A. Although the instant indictment was accompanied by a list of crimes committed in violation of the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, etc., which repeatedly sent uneasiness text messages, the lower court did not make any judgment on the instant indictment.

Therefore, the court below erred in the misapprehension of judgment.

B. In light of the victim of mistake of facts and K's statement, it can be sufficiently recognized that the contents of the article posted by the defendant are false, and the judgment of the court below which acquitted the defendant of the above facts charged is erroneous in mistake

4. Determination

A. Prior to the judgment on the grounds for appeal by the ex officio determination prosecutor, the Prosecutor’s previous facts charged as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to the statement of false facts, shall be maintained as the primary facts charged, and the following facts charged are against the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.

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