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(영문) 대구지방법원 경주지원 2015.01.21 2014고단871
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant opened and operated a gathering of the name “E” on the SNS, a SNS service, in preparation for the election, as a person supporting D who was elected as a candidate for the 6th nationwide local election.

1. On April 10, 2014, around 23:02, at the Defendant’s house located in Sim-si, on April 10, 2014, the Defendant saw that, at the time of the Defendant’s house located in Sim-si, H, a National Assembly member of Sim-si, does not call D, and tried to write a letter that slanders the victim on the other victim’s website (I) that is likely to have an unfavorable impact on D.

In connection with the above free bulletin board on the Internet, the Defendant posted a letter “J” under the title of “J”, stating that “I am more than the Do to ignore and miscomponate citizens. I support a person with a special interest in connection with the election of the C, and came to know that I would be another person, and that I would be aware that I would be a person. On the last day, I will see that I will see that I will not represent the racing.” In other words, I will show that I will not represent the racing.”

However, there was no fact that the victim supported the specific candidate who was going to the C election.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

2. On April 11, 2014, the Defendant tried to draw up a writing that slanders the victim on the same grounds at the same place.

The defendant, using the Internet, is demanding fairness and neutrality of the H L Chairperson and National Assembly members under the title of "emergency name" by accessing the above "E" page.

H's continuing to make a specific candidate's statement and continuing to exercise influence over the Gyeongbuk-do Party is fair as the existing report materials.

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