logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.24 2018노285
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact-misunderstanding Defendant posted a notice on the Pest North Korea, that is, “The victim and H were the female problem of K.

피해자가 F( 이하 ’F‘ 이라 한다) 단체를 깼다.

Since the content of “the victim” was true and posted for the public interest, there was no purpose of slandering the victim.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. In full view of the following facts or circumstances revealed by the evidence duly admitted and examined by the lower court and the trial court as to the assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of the facts charged of this case is justifiable. Therefore, the above assertion by the Defendant is without merit.

A. While the victim discussed H and political issues in group hosting at the time, the h and political issues have not been claimed after the wind, the victim did not have been punished for the female problem of K at the time.

B. Although the victim showed critical view in the F Operating Committee meetings, etc. about the direction of the meeting or the operational policies, etc. or strongly raised his/her own assertion, the F was dissatisfyd due to such victim’s action.

shall not be deemed to exist.

(c)

The content of the Defendant posted on Pins North includes a very negative expression about the private sector, such as the victim's female relationship or large-scale relationship. In light of the content and method of expression, it is not related to the public interest, but rather includes the purpose of slandering the victim.

assessment may be conducted.

3. Although the defendant has an unfortunate mind for the victim to determine the unfair argument of sentencing, the defendant's writing posted by the defendant has a high possibility that the victim's privacy, human relations, etc. has been adversely recognized.

arrow