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(영문) 수원지방법원 2017.10.12 2017노3792
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was aware that the victimized corporation suffered adverse effects on the education of students as a pro-North Korean wave, and was in contact with newspaper articles and N in the same purport of the Internet search. Among them, the Defendant copied N’s writing and posted it on one’s own Brops to the public interest that the damaged corporation’s students should have sound ideas, and there was no purpose of slandering the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. 1) The summary of the facts charged in the instant case is a person who has no certain occupation and operates a black channel following the Internet site to the account of “C” as a person without a specific occupation.

On October 3, 2012, the Defendant, as the title “D” on the Defendant’s Blogs, is running by the Victim E, a victim’s association, around October 3, 2012, to the extent that “F” in the G alternative school teachers are writing-distances among the espionage school teachers, and is likely to be flicked as soon as it is the site of education.

The phrase “(s)” was registered.

Accordingly, the defendant has damaged the honor of the victim by openly exposing facts through the Internet block, which is an information and communications network for the purpose of slandering the victim.

2) The lower court found the Defendant guilty of the facts charged in the instant case, comprehensively taking account of the following: (a) the entire context and content of the instant notice; (b) the degree of conclusive expression used in the instant notice; and (c) the honor of the victim was severely damaged; and (b) the graduates and students of alternative schools operated by the victim could have been socially disadvantaged.

3) Matters concerning facilitating the use of information and communications networks and protecting information, etc. to determine whether to conduct the deliberation.

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