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(영문) 창원지방법원 2014.11.06 2014노417
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. With respect to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), the prosecutor’s main reason for appeal is as follows: (a) as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), it cannot be recognized that K was at the time of the original testimony by K and S; (b) as such, the Defendant posted the above article on the ground that K’s attitude is false and the Defendant did not appear in mind; and (c) as to the insult, the purpose of defamation is recognized in full view of the contents of the above article. In addition, as to the insult, it is difficult to deem that each act of the Defendant is an act that does not violate social norms in light of the following: (a) it is difficult to view that each act of the Defendant was an act that does not violate social norms. Nevertheless, the lower court’s judgment that acquitted the Defendant on the ground that it was unlawful by Article 310

2. Determination

A. The relevant legal principles 1) The State shall guarantee under the conditions as prescribed by the Consumer Protection Act the consumer protection movement to guide sound consumption activities and to urge the improvement of quality of products (Article 124 of the Constitution). The consumer has the right to receive knowledge and information necessary to select goods or services and to reflect the consumer’s opinion on the rights of the enterpriser’s business activities, etc. (Article 4 of the Framework Act on Consumers and the supplier-centered market environment). Since the need for provision and exchange of information and opinions on goods or services through the Internet increases in order to reduce the information gap between the enterpriser and the consumer as the market environment is transferred to the center of the consumer, the existence of the purpose of slandering the act of pointing out the contents and nature of the relevant timely fact, and the relevant fact is published.

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