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(영문) 서울북부지방법원 2015.03.26 2014고정2042

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 30, 2013, the defendant, as the chairperson of the Seoul Nowon-gu Seoul Special Metropolitan City, the C Apartment Dong, the defendant's house No. 33 Dong 109, and the defendant's Internet domains of the computer, filed a complaint against the victim Eul with the same apartment unit D using the Internet domains of the computer, and the defendant's fraud sent "F investigation guidance message No. 63200 (type 63200)" to the Seoul Northern District Prosecutors' Office, sent to the Seoul Northern District Prosecutors' Office (type 2013 type 6320) on December 24, 2013, the investigation direction was directed to the Seoul Nowon Police Station, and the case will be sent and processed after investigation was conducted by the Seoul Nowon-gu Seoul Nowon Police Station." (Seoul Northern Northern District Prosecutors' Office G Prosecutor's Office) and damaged the reputation of the victim by openly pointing out the fact that the above victim was subject to investigation for the purpose of defameing the victim.

Summary of Evidence

1. Part of the defendant's statutory statement [the part concerning the fact that the mail was transmitted, and the reasons why the mail was transmitted];

1. Each legal statement of witness F, D, and H;

1. Statement of the police statement concerning F;

1. A complaint;

1. Determination as to the assertion by the Defendant and the defense counsel on the closure of the reception screen of non-fe-mail, each cell phone photograph, etc.

1. The summary of the argument and the defense counsel asserted that ① the Defendant’s transmission of a course photograph cannot be deemed to have indicated a sufficiently specific fact to be infringed on social value or evaluation, ② in light of the relationship between the victim and D and the victim, there is no possibility that D may spread the contents of e-mail transmitted by the Defendant to others, and ③ there was no purpose of slandering them as acts for public interest.

2. Determination

(a) First, we examine whether specific facts likely to infringe on social values or evaluations have been identified;

Whether or not a certain expression is defamation should be determined by objective evaluation according to social norms of the expression.