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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2012.02.23 2011노3423
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal cannot be deemed to have indicated the facts solely on the basis that the Defendant stated the lower part of the notice stating the facts charged (hereinafter “instant notice”).

Furthermore, it does not mean that the above contents are false, and even if the contents are inconsistent with the truth, the defendant did not recognize that they are false facts.

In addition, even if the Defendant stated the above contents in the instant notice, it is interpreted that the victim C support D already elected by the same representative when comprehensively considering the contents of the instant notice, and the period of the notice is six hours at night, it is difficult to view that the above act infringed the honor of the victim.

2. Determination

A. First, we examine whether the Defendant’s statement at the bottom of the instant post constitutes “a statement of fact” as defined in the crime of defamation.

In order to establish defamation, a statement of fact must be made, and the alleged fact should be made so that it could infringe on the social value or evaluation of a specific person.

In addition, in order to establish a statement of specific facts sufficient to reduce the social value or evaluation of a specific person, such specific facts are not necessarily required to be specified directly, but at least should such facts be inferred immediately by a specific phrase among the specified contents.

(see Supreme Court Decision 201Do6904, Aug. 18, 2011). According to the evidence duly admitted and examined by the lower court, at the time of posting the instant notice, the victim C was a representative chairperson of the said apartment B (hereinafter “instant apartment”) as stated in the facts charged, and the election of the said representative was in progress.

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