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(영문) 대구지방법원 2018.08.23 2018노1512
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the victim, misunderstanding the legal principles, filed a lawsuit for damages with the Daegu District Court Decision 2017Gao4257 against the representative of 75 residents, et al., of the 75 residents of Gyeonggi-si apartment complex C (hereinafter “the instant apartment”) and one other, and the Defendant did not indicate any false fact, but did not have the intent of defamation or defamation against the Defendant.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, whether the content of the instant notice is false or not, the victim only filed a lawsuit against the non-indicted 4257 (O) and the non-party 75 (hereinafter referred to as the "F") of the Daegu District Court Decision 2017Gau-si, Busan District Court. Thus, it is recognized that the defendant did not file a complaint against the non-indicted 4257 (O). As such, it is false for the defendant to post a notice stating that the victim filed a complaint against the 75 residents of the apartment of this case (hereinafter referred to as the "Notice of this case") in the form of comments comments written under title 1.

Therefore, the defendant's assertion is without merit.

2) In a crime of defamation by a statement of false facts as to whether there was the purpose of recognizing and slandering a false fact, it is difficult to know or prove that the offender was false from outside due to its nature. As such, the Defendant’s academic background, career, social status, timing of publication, and timing of publication, based on the content and identity of the published fact, the existence and content of the explanatory materials, the source and awareness of the fact expressed by the Defendant, etc.

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