logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.12.24 2014노1143
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: (a) The Defendant believed that it was true and posted a statement of the same content as indicated in paragraph (1) of the instant facts charged because the victim her friendly appearance I told the victim’s her husband’s son’s son’s friendly appearance I that the above victim would be subject to law and avoid law; (b) therefore, it is difficult to deem that there is a reasonable ground for the Defendant to believe that the above content was true and that the above content was false.

(2) In addition, in order to share the Defendant’s emotional knowledge due to the problem that the Defendant’s father and wife are undergoing school, the Defendant posted the same article as the indicated in paragraph (1) of the facts charged in this case, and the reference to the victim is extremely limited to parts, and even in light of the circumstances in which the Defendant puts down the same article as the indicated in the facts charged in this case, it is related to matters related to parents’ interest and interest, and it is difficult to view that there is a purpose of slandering

③ In particular, in relation to the offense of insult, the Defendant was believed to have set up a “defluence to open to the public” only by posting comments to the people of the Defendant, so there was no intention to openly insult the victim E.

Nevertheless, the court below found each of the facts charged in this case guilty, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 2,000,000) is too unreasonable.

2. Determination

A. The defendant's assertion of mistake of facts and the defense counsel of the court below made the same assertion as the above reasons for appeal, and the court below rejected the above argument in detail with the defendant's assertion and its decision under the title "a decision on the defendant's and defense counsel's assertion" in the judgment of the court below.

arrow