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(영문) 서울서부지방법원 2017.12.21 2017노1301
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the facts or legal principles, the Defendant posted a notice that is identical to the facts charged in the instant case on the Internet page. However, the expression of the above notice is not a statement of fact, even if it is not a statement of fact, it is not a false fact, and there is no part that can be viewed as impairing the victim’s reputation. In short, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby convicting the

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of misunderstanding of facts or misapprehension of the legal doctrine is based on the evidence as indicated in the judgment. ① the Defendant posted the Defendant’s personal information by the Internet Pest “I” account operator and became aware of the Defendant’s personal information, ② the victim J knows that “The low M Group is aware of the fact that the lower group is in bad faith, and does not refuse to do so at any time.”

Does their personal hairs are not friendly;

6.2 6.2 2. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6....

(3) The Defendant used the expression “I am in bad faith with the Defendant” and “I am in bad faith with the Defendant,” and the victim also thought that I am negative comments against the Defendant. In the past (M Group October and December 2015) acknowledged that I am out of the dispute between the Defendant and the victim and written the instant notice, the Defendant’s expression “I am in bad faith with the Defendant,” and even if it can be interpreted that the Defendant’s expression “I am in bad faith with the Defendant” included the expression “I am in the Defendant’s bulletin with the Defendant,” not as an insulting speech, it can be interpreted that the Defendant’s expression “I am in bad faith with the Defendant.”

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