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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2019.08.29 2019노422
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have the intention to defame the victim and did not have the intention to defame the victim.

In addition, even if the contents of writing written by the defendant are true facts and false, the defendant did not recognize it as false facts.

Nevertheless, the court below found the defendant guilty, and there is an error of law by misunderstanding the facts.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the court below interpreted the following circumstances acknowledged by the evidence duly examined by the court below, i.e., ① the victim attending F’s marriage ceremony in itself, even if the content of the writing written by the defendant was in itself, and ② the above marriage ceremony as well as the victim, even though other members of B were present, it cannot be understood that even the victim was a person who caused the victim’s false accusation. In light of the content, it is strongly inferred that the victim prepared the above writing as the victim’s intent to defame the victim for the purpose of destroying the victim’s reputation, ③ the victim made a consistent statement that he did not spread his false accusation, and there is no objective circumstance to see that the content of the writing written by the defendant was true, ④ the defendant himself was merely a person who operated the account of “G” and the defendant’s statement was written by the victim with no other statement made by the above victim.

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