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(영문) 서울중앙지방법원 2016.05.19 2016노876

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. That the comments posted by the defendant on the summary of the grounds for appeal have impaired the honor of the victim;

It is difficult to see that the defendant has no intention to defame the victim or damage the reputation of the victim.

2. Summary of the facts charged in this case and the judgment of the court below

A. On May 29, 2015, the Defendant posted the following comments on the Internet “C” website at the Defendant’s home located in Songpa-gu Seoul, Songpa-gu, Seoul.

A female certified tax accountant who complained of “A immediately for the establishment of Da” and “C” as a snow for the former president test was aware of the face to view that E certified tax accountants, snow spathy, or motion picture spathy, and there was no fact that the victim E immediately set up C and complained of it as snow material.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

3. Determination on whether a deliberation was made

A. In order to establish the crime of defamation, a statement of fact must be made, and the alleged fact should, thereby, be made to the extent that the social value or evaluation of a specific person is likely to be infringed. Even if a false statement was made, if the false fact does not infringe on the social value or evaluation of a specific person, the crime of defamation under Article 307 of the Criminal Act is not established (see Supreme Court Decision 2004Do4573, Jun. 15, 2007, etc.).

B. According to each evidence duly adopted and examined by the lower court and the first instance court, C was leading to an election of the chairperson on June 18, 2015, and there was a lot of opinions on whether three lines of the chairperson can be available at the C website free bulletin board, and C was the former president.

D shall be elected by the president.