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(영문) 대법원 2017.07.18 2014도12494

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The summary of the facts charged of the instant case is as follows: (a) the victim discovered technology to control the growing phenomenon of the USI University’s doctorate process in around 2007 and completed a basic concept on the conditions necessary for equal growth; and (b) received support from J professors of the same university and L professors of the Korea University as employed as specialized professors of the D University; (c) took full charge of the victim’s previous history and history of research; (d) the Defendant received specific instructions and experimental conditions from the injured party; (e) participated in research using relevant equipment and conducted experiments and data analysis; and (e) delivered the results thereof to the injured party; and (e) the Defendant took part in research in the form of “O” as the title of “N, a specialized scientific journal; and (e) the Defendant was determined to publish a thesis on the said research result in a public manner, and instead, the Defendant did not register himself as a joint author; and (e) provided that the Defendant’s act of slandering the victim’s personal information and communication network, regardless of the victim’s complaint.”

The court below specifically instructs the defendant to conduct the experiment including the Macton for the creation of the track, and some of the research set of the defendant.