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(영문) 청주지방법원 2014.09.18 2014노498
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, the chairperson of the mountain conference, posted relevant articles on the bulletin board of the mountain conference and sent text messages (hereinafter "the above bulletin and text messages of this case, etc.") to some of the members of the mountain conference in order to correct malicious dissemination of the defendant's false information to the defendant's will, as stated in the facts constituting the crime of the crime in the judgment below, and that such act of the defendant aims to inform the members of the mountain conference that the victim is not qualified as the chairperson of the mountain council, and thus, it cannot be said that there was a purpose of slandering the defendant.

2. “Purpose of slandering a person” as prescribed by Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means requiring an intention or purpose of deception. The existence of a person’s purpose of slandering a person ought to be determined by comparing and enhancing the degree of infringement of honor that may be damaged or damaged by the expression, by taking into account all the circumstances, such as the content and nature of the relevant statement, the scope of the other party to whom the publication of the relevant fact was made, the method of expression, etc.

In addition, since the purpose of slandering is in conflict with that for the public interest in the direction of the actor's subjective intention, it is denied the purpose of slandering if the alleged facts are about the public interest, unless there are special circumstances.

Matters concerning public interest include those concerning public interest, as well as those concerning the public interest of the State, society, and other general public, as well as those concerning the interest and interest of a specific social group or the whole members thereof.

(see, e.g., Supreme Court Decisions 2008Do8812, May 28, 2009; 2009Do12132, Nov. 25, 2010; 2010Do8143, Jan. 26, 2012). Furthermore, the alleged facts are public interests.

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