(영문) 부산지방법원 2021.01.14 2020노1995 | 리걸엔진

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(영문) 부산지방법원 2021.01.14 2020노1995

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of each crime committed during the period of [Attachment 1] and (3) as indicated in the judgment of the court below, the Defendant, as a co-operator of the Bande, prepared and posted a notice for the public interest after sufficient consultation between the joint operators in response to the repetition and examination of the victim, and there was no intention to defame the victim, or to interfere with the evaluation of the victim's social value.

Nevertheless, the lower court found all of the charges guilty on different premise. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Prosecutor 1) In light of the background leading up to the writing of the posting in the case of re-crimes listed in the annexed crime list (2) misunderstanding of facts, and the meaning of the expression expressed, the Defendant had an objective of slandering the victim rather than public interest, and without confirmation of clear facts, stated false facts only by the Defendant’s unilateral judgment without confirmation of facts.

Nevertheless, the lower court rendered a not-guilty verdict on this part of the facts charged on different premise. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 500,00) is too unhued and unfair.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine. 1) The Defendant asserted that this part of the appeal was identical to the grounds for appeal, and the lower court rejected the allegation in detail under the title “the judgment of the Defendant and the defense counsel’s argument”.

A thorough examination of the judgment of the court below by comparison with records, we affirm the judgment of the court below as just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

2) Therefore, the misapprehension of the legal principles and mistake of facts is without merit.

B. Regarding the prosecutor’s assertion of mistake of facts

유사 판례

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-울산지방법원 2018.10.12 2018노567

-대구지방법원 2017.11.30 2016노2141

-수원지방법원 2016.07.07 2015노7637

-울산지방법원 2016.06.17 2015노1390