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(영문) 대구지방법원 2016.07.06 2015노4560
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the summary of the grounds for appeal that the Defendant published or announced, the subject is specifically referred to as “the Medical Society at Time of Port” and “part of veterinarians at Time of Port”. The branch of the Gyeongbuk-si branch at the time of Port of Gyeong-do is 28 members and among them, there are 17 members belonging to the Medical Association of Small Animals at Time of Port. Thus, each of the above groups is identified as victims.

It is reasonable to view that the defendant's purpose of slandering the victim is recognized, inasmuch as serious damage to the external reputation of the victims occurred by inserting this article on the basis of facts that the defendant had not been accurately confirmed based on F's unilateral statement.

In such a situation, the court below held that the contents of the writing or publication posted by the defendant are intended for the general public of the veterinary society at port, and it is not sufficient to recognize that the degree of criticism has reached the degree of impact on the social evaluation of each victim due to dilution, and there is no other evidence to recognize it, and that the defendant posted or announced a letter for the purpose of slandering the victims.

It is difficult to recognize it.

In light of the facts charged in this case, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Defamation by so-called collective labeling as to whether a victim is specified is difficult to interpret that the content of defamation is against a specific person who belongs to a group, and in the event that the degree of criticism is mixed with that of individual members, and that the degree of criticism does not reach the degree of impact on the social assessment of each member, defamation against each member may be established.

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