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(영문) 서울동부지방법원 2014.08.14 2013노1543
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. In a situation where a criminal complaint was filed between the Defendant and the victims regarding insult, posting a statement by using the victim’s expression “assumptive attitude,” “I am normal human being,” “I am dead,” “I am dead,” and “K is not sold” constitutes insult.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, and found the Defendant not guilty.

B. As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), among the articles posted by the Defendant around September 26, 2012 and around the 28th day of the same month, the part that stated that the victim G et al. made a concentrated support declaration to the candidate for the Incheon City market to which U.S. belongs is obviously false, and insofar as the Defendant did not have any knowledge that the victim G made such a statement, the Defendant was aware that the Defendant was false

(A) A. (b) Item (2) of Article 2-2 of the Facts of Prosecution also provides that “The victim G has removed and entered money to a company for the benefit of K and received a self-satisfy from a sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually official” constitutes a statement of false facts insofar as the Defendant did not confirm the facts

(3) In the end, each of the facts charged is found to contain false facts that impair the reputation of the victim G, and the purpose of defamation and defamation is also recognized, and the defendant's act does not constitute grounds for excluding illegality.

Nevertheless, the court below acquitted the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. In a case where a certain writing or statement about the insult contains an insulting expression, the said writing or statement will be made.

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