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(영문) 수원지방법원 2013.10.17 2013노2073

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal cannot be deemed to have undermined the reputation of the victim since the Defendant posted a notice to “F” following the Internet site on June 12, 2011 (hereinafter “instant notice”) on or around the Internet site (hereinafter “instant notice”). However, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. In order to establish the crime of defamation, a statement of fact must be made, and the alleged facts should thereby be made to the extent that the social value or assessment of a particular person might be infringed.

In addition, in order to establish a statement of specific facts sufficient to reduce the social value or evaluation of a specific person, such specific facts are not necessarily required to be specified directly, but at least should such facts be inferred immediately by a specific phrase among the specified contents.

(See Supreme Court Decision 201Do6904 Decided August 18, 2011). Comprehensively taking account of the health care room for the instant case and the following circumstances that the lower court legitimately adopted and known, it is reasonable to deem that the Defendant undermined the victim’s social value or evaluation by posting the instant notice on the Internet camera bulletin board to have undermined the victim’s reputation.

① The Defendant, as a general member of the Internet site “G”, became aware of the victim who was operating the said car page. When the Defendant was unable to properly engage in car page activities due to the issue of the writing posted on the said car page, such as deprivation of right to write, the Defendant voluntarily withdrawn from the said car page and opened “F” car page (hereinafter “instant car page”), and registered as the victim’s clinic as the victim’s clinic.

② The names of the car page bulletin boards are “G.” to visit the instant car page.