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(영문) 대구지방법원 2017.10.13 2017노2410
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. Ex officio determination

A. The summary of the facts charged is that the Defendant, while carrying on his own business, is a person who is not adequate for appraisal due to the ordinary victim C, the case, and the litigation relationship.

On July 3, 2016, around 16:14, the Defendant access to the F website (G) in Daegu-gun D, and owned 20 billion won by using the title “H” as an engineer, “I”, and “J” as an engineer on July 1, 2016.

“The comments posted two times on the comments.”

In addition, the Defendant, on July 12, 2016, uses the NAJ “J” to the article “K” reported on the same F website, and is a human being with a astronomical wheels.

The phrase “,” by posting one comments on the content of “,” and by using two undiscloseds, damaged the reputation of the victim through the information and communications network as above with a view to slandering a total of three times in total.

B. The lower court found the Defendant guilty of all the charges of this case on the ground that the Defendant’s legal statement in the lower court, the police statement of the victim C as well as the investigation report (related to the specification of the suspect) as evidence.

(c)

(1) Prior to the judgment on the grounds of appeal, the part on the charges of this case, expressed by the Defendant as “the dead body life of the Crerest” around July 3, 2016 and on July 12, 2016, which read “C” around July 22:57, and is a human being with a tent.

We examine whether the portion expressed “ is a statement of fact or an expression of opinion,” and whether it is an expression of opinion, [According to the record, the Defendant, at around 16:14 July 3, 2016, used the said F Internet website as the clinic “I” and owned 20 billion won by way of accounting.

Using the words "J", the words "on July 3, 2016, and the words "J" around July 22:57, 2016.

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