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(영문) 서울고등법원 2020.12.10 2020노1736

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(In fact, there is no fact that the victim did not have any restriction with H of Japanese leisure time, and there was no fact that there was a question that the victim is teaching, and the relevant Japanese Internet news news articles (hereinafter “instant news articles”) have only the content that the victim and H were drinking in a drinking house due to a single character, but the Defendant undermined the honor of the victim by pointing out false facts on the Internet camera bulletin board to the effect that “H is spreading the victim’s contact with the victim.”

Furthermore, in light of the fact that the Defendant did not confirm whether the contents of the instant article are true or not, and that the Defendant’s reputation was severely damaged by using an expression that “the victim knows that he/she has a sexual relationship with the Japanese leisure water,” which impliess that the victim has a sexual relationship with the Japanese leisure water, etc., the purpose of the Defendant’s

Even if the defendant did not have the purpose of slandering the defendant, the defendant's reputation by pointing out false facts and has damaged the victim's reputation, and the defendant's intention can be fully recognized. Therefore, defamation caused by the statement of false facts

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on the grounds that it is difficult to recognize the purpose of slandering the Defendant is erroneous or erroneous.

2. The additional prosecutor of the ancillary facts charged maintains the existing facts charged against the defendant as the primary facts charged and maintains the name of the crime as a “defensive damage” and Article 307(2) of the Criminal Act as “Article 307(2) of the Criminal Act” and the following facts charged

4.(a)

As stated in the paragraph, an application for amendment to Bill of Indictment was filed, and this court permitted it, which was added to the judgment.

The following is to judge the main facts charged and the ancillary facts charged in the trial.

3...