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(영문) 부산지방법원 2012.11.13 2012고정3724

명예훼손등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. On January 30, 2012, the Defendant damaged the reputation of the victim by voiceing the victim as stated in paragraph (1) of the attached Table of Crimes List 1 against the students, who passed the place before the main office of the Geum-gu Busan C University, Busan, and thereby have been sexual harassment. (2) On March 8, 2012, the Defendant damaged the reputation of the victim by sounding the victim’s 105-1 lecture room at the 105-1 lecture room at the Geum-gu, Busan, the 20 students, who were able to hear the victim’s lectures at that place, as indicated in paragraph (17) of the attached Table of Crimes List of Crimes (i.e., “if there is concern about other subjects of classes and the second damage, it is necessary to separate them by the principle of separation of the space, as well as by the principle of separation of the space.”

B. Around March 7, 2012, the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) has access to the C University homepage with a computer located in the Geum-gu Busan National University Library and has damaged the victim’s reputation from that time, including the following: (a) the content “Isnish professor’s globalization and globalization; (b) the lecture; (c) the content “Isnish professor’s globalization and globalism No. 10:305-1, 105-1,” and “Isnish the victim’s reputation.”

3. By December 27, 200, a victim’s reputation was damaged by openly pointing out facts through an information and communications network with an intent to defame by inserting comments on the contents of paragraphs 2 through 16 of the Schedule of Crimes.

2. Determination

A. Article 310 of the Criminal Act cannot be punished when an act that defames a person by openly pointing out a fact is true and solely for public interest. Here, the term “defensive fact” means a fact that is in conformity with objective facts in light of the overall purport of the content (the detailed difference between truth and truth).