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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.26 2014노7314
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the contents of this case’s writing posted on the Internet, the method of expression, and the motive of the Defendant’s writing written on the Internet, it is difficult to see that this case’s writing is related to the public interest. Rather, it is sufficiently recognized that the Defendant prepared and posted this case’s writing for the purpose of slandering the complainant E, but the lower court acquitted the Defendant on the fact that the purpose of slander is not recognized, and there is an error of law by misunderstanding facts or by misapprehending the legal doctrine on defamation.

2. The judgment of the court below is justified in finding the defendant not guilty of the facts charged of this case, and there is no error of law by misunderstanding facts or misapprehending the legal principles as to defamation alleged by the prosecutor, on the basis of a thorough examination of the case based on the legal principles as to the grounds for excluding illegality in the crime of defamation and the evidence legitimately adopted and investigated by the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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