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(영문) 인천지방법원 2019.03.15 2018노3307
모욕
Text

The defendant's appeal is dismissed.

Reasons

The expression "waste" in the text of the grounds for appeal (legal scenarios or misunderstanding of facts) posted by the defendant is merely a single bath and does not indicate specific facts, so the crime of defamation cannot be established.

The defendant only posted the K content sent to the defendant to the F managed by the victim himself/herself, and there was no intention to impair the honor of the victim.

Judgment

The contents of the article posted by the Defendant as to whether a specific fact is publicly known are that G is understood as “human garbage” to the victim, which constitutes a statement of specific fact.

This part of the defendant's assertion is without merit.

In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court as to whether defamation was intentional, namely, the character of “human garbage”, the background behind the Defendant’s writing, the relationship between the Defendant and the victim, and the fact that many people who are accessible to the victim F could have recognized the Defendant’s writing, it is reasonable to view that the Defendant publicly known the fact that the relevant writing was harming the victim’s reputation.

This part of the defendant's assertion is without merit.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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