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(영문) 창원지방법원 2014.02.19 2012노1991
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (1) The Defendant did not post a statement in the facts charged in the instant case on the homepage of the Do Council member (E; hereinafter “Do Council member homepage”) of the Do Council member (E; hereinafter “the Do Council member homepage”).

(2) The Defendant did not have any awareness of the fact that his comments were false, and therefore there was no intention to conceal false facts.

(Chapter 2). (b)

The punishment (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below as to the first proposal, the defendant can recognize the fact that he posted the article in the facts charged on the website of the Do Council members of this case.

This part of the defendant's assertion is without merit.

(1) A notice [this case’s petition No. 9 through 12 (hereinafter “this case’s petition”) attached to the victim’s petition submitted to an investigative agency (hereinafter “the victim’s petition”).

) The 13 to 14 pages of evidence records (hereinafter referred to as “the 2th page”)

[) The victim’s son F printed out to the victim’s son F, and the F consistently stated that “The 1 and 2 posts in this case were posted 534,535 on the bulletin board of the council members of the Do Council of this case” in the lower court and the trial court.

(2) In light of the fact that the last part of the Notice No. 1 attached to the instant text attached to the instant text, “The following is written in a lump sum 535 of the free bulletin board on the instant website,” it can be seen that the Note Nos. 1 and 2 was posted on the same website, and that the Note No. 535 of the instant text is posted on the website.

In addition to the above circumstances, the Do Council member website of this case is opened.

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