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(영문) 서울서부지방법원 2016.07.07 2015고정1624

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Of the facts charged in the instant case, defamation against victim D shall be acquitted. Of the facts charged in the instant case, victim E.

Reasons

1. Judgment of innocence

A. The summary of the facts charged is the person who did not have a present occupation and served as the president of the partnership for redevelopment and maintenance of the former F Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Union”).

On April 2, 2015, the Defendant, using his mobile phone (G) for the purpose of slandering the victim D at a place where the location is unknown, provided that “H is able to take hand at any time with non-Subrogation for its own interest.

As a representative of the past vision in the past, E, which suffers enormous loss to the partnership, was made as a full-time director, and this paragraph did not take D and hand with a road share of which is within one square meter.

The letter “,” sent, and published a false fact openly through an information and communications network, thereby impairing the honor of the victim D.

B. Determination 1) It is difficult to specify which part of the content of the text messages sent by the Defendant as stated in this part of the facts charged is false information about the victim D.

In addition, the overall expression of the above text message, in particular, H is a person who can take a hand at any time even without subrogation for his/her own interest; or

E The phrase “I made the full-time director,” and “D excessive loss,” is nothing more than the expression of the Defendant’s opinion or evaluation on the premise of facts based on which H’s association activities, which are the head of the former association, rather than the actual time for the victim D. ( even if the facts or some expressions based on which the facts or expressions based were indicated about D, there is no proof that the relevant part are false facts.)

2) Other part of the message of this case is the degree of “D that has a share in the road with a single reputation” if it is at issue as to whether a false statement is made with respect to the victim D.

On the other hand, D is the land within the original F Housing Redevelopment Improvement Project Zone, Eunpyeong-gu Seoul Special Metropolitan City I.