(영문) 인천지방법원 2019.06.13 2018노1831 | 리걸엔진

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(영문) 인천지방법원 2019.06.13 2018노1831

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The judgment of the court below is reversed.

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. There was no intention to defame the victim in misunderstanding of facts or misunderstanding of legal principles.

In addition, the defendant was posted for the public interest of true facts.

Nevertheless, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On February 3, 2017, around 09:59, the Defendant, at the office of Seo-gu Incheon, Seo-gu Office No. C, Seo-gu, Incheon, access to Internet EcarfF, and the title “I would disclose to the victim G the evidence that I would have taken legal measures against G, I, and J, and some of the misunderstandings would disclose the evidentiary materials submitted to the judicial authority.”

The following is that GC was sent by the police authority to the Incheon Prosecutors' Office as the prosecution of insult.

Now, as a personal legal measure, there has been no support payment for the residents, and the proposal is proceeding directly with the lawsuit.

Although it was not mentioned in itself that it is inappropriate to disclose personal invoices to residents, there is no intention that the parts of the GuD related persons will make them open to the public and make them open to the public.

I would like to receive a certain period of time after disclosure.

It will be the first and last disclosure of interest.

However, insult and defamation against D organizations is prudent, but it is possible to proceed with the process between society and society, which will allow residents to disclose the progress and legal process to the public.

The following is criminal punishment in the case of the same content as the data submitted to the police authority.

유사 판례

-인천지방법원 2018.05.18 2018고정543

-수원지방법원 2020.02.20 2019나77057

-대구지방법원경주지원 2020.10.30 2018가합2530

-서울고등법원 2015.07.07 2015누33549

-수원지방법원 2020.09.15 2019가단506516