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(영문) 서울중앙지방법원 2014.01.16 2007노2805

출판물에의한명예훼손등

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A 5,000,00 won, Defendant C and D respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendants A (1) and A (1) among the facts charged in the instant case, Defendant A (1) did not post a notice of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) on December 22, 2004; January 18, 2005; January 31, 2005 (attached Table 1, 4, and 6); November 28, 2004; December 7, 2004; 7, 2004; 7, Dec. 22, 2004; 7, 2004; 7, Dec. 27, 2004; 7, 2004; 7, Dec. 31, 2004; 7, 2005; 7, Jan. 31, 2005; ; 731, Feb. 1, 2005>

(2) Violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) (hereinafter referred to as the "Act on Promotion, etc.") contains a majority of the contents which merely express opinions, and the major contents are not false in conformity with objective facts, and there was no purpose of slandering as being

(3) The point of insult on September 25, 2004 (No. 2) is not insult solely with the expression to that extent, and as a whole, a public performance is not made in writing posted in a room in which general members’ access is restricted, and is justified in the scope of freedom of expression.

B) Defendant C (1) on June 23, 2004, July 12, 2004, violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) (attached Table 5 Nos. 3, 5) was not posted by Defendant C. (2) on June 23, 2004, July 11, 2004 [Attachment Table 3, 4], and 6.4 of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation 5), and on June 15, 2004, June 19, 2004; 205.6.4 of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation 5.12, 2004; 205.6.4, Sept. 13, 2004]