The case holding that the defendant not guilty of the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) with the content that he/she has damaged reputation by putting a false statement on the Internet online game hosting room, such as "bruth", for the purpose of slandering Gap, and revealing false facts

As to the facts charged of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) with the content of the above article by revealing false facts by accessing the Internet online game room, which can be seen by many unspecified persons, for the purpose of slandering Gap, the case holding that even if the defendant was "her head," it is only the last day of describing physical characteristics, and it is difficult to view that the defendant has undermined the social value or evaluation of the victim objectively, and it is the same as in fact, even if the victim was not head, and the expression describing physical characteristics can be a crime of defamation, but it is hard to readily conclude that "large head," is off the head, or a standard language that damages Gap's reputation, and thus, it is hard to conclude that the defendant was guilty of the crime of defamation or abuse of personal character.

Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

Defendant

Ethical Notes

The defendant shall be innocent.

1. Summary of the facts charged in this case

The Defendant is a person who uses the “hing” “hing” from an online online game.

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

Nevertheless, the Defendant, on June 8, 2010, expressed a false statement on the ○○○ hotel box located in Busan Shipping Daegu (hereinafter omitted) in the ○○○○○○ hotel box in order to defame the victim, thereby impairing the victim’s reputation by revealing any false fact to the public through an information and communications network, with the intention of slandering the victim, on the grounds that the victim’s testimony and appraisal are not good.

2. Determination

As indicated in the facts charged, the Defendant recognized the fact that the Nonindicted Party posted a letter on the game in which the victim Nonindicted Party was “the promotional rassium,” and according to the records of this case and the Defendant’s legal statement, the Defendant’s “promotion” is a victim’s game clinic, and the fact that “the rasium was exceeded” was included in the victim’s game room.

However, even if the content of the above article is about whether it damages the reputation of the victim, it is only the last day of describing physical characteristics, and it is difficult to view it as a fact that the victim may objectively undermine the social value or assessment of the victim. The same applies even if the victim actually does not head.

Of course, there may be cases where a speech describing physical characteristics can be used as a crime of defamation. However, considering the fact that the head is off or off, or a standard language that represents such person, and that it is difficult to see that the word itself contains any satisfy or satisfy, regardless of any physical characteristics, there are many cases where a head head conflicts with a person’s head of a house, head of a house, head of a house, and head of a house, and the word itself, and that there is a concern that if he/she is guilty of this case, it may not be readily concluded as defamation.

If so, the facts charged in this case constitute a crime and thus not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.

Judges after Completion