(영문) 대전지방법원 서산지원 2018.02.01 2017고정275

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(영문) 대전지방법원 서산지원 2018.02.01 2017고정275

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. Defendant A uses the “A” from “D” to “B”.

On July 26, 2017, at around 09:35, the Defendant damaged the reputation of the victim by openly putting up facts in the form of a photo of the leaflet that read the victim E, and that representative E, who had been prior to a sex offense, immediately set off in the same representative page and posted the screen picture of the 'weboard'.

2. Defendant B uses Defendant B as the clinic of “G” from “N” F.

On July 26, 2017, the Defendant: (a) around 09:40 on July 26, 2017, and (b) around 09:40, the same representative E, who had been prior to a sex offense, has damaged the reputation of the victim by putting up the fact open to the public by immediately leaving off the representative page and posting a photo of the content of “Rabk”.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Do governor-faf course photographs;

1. Determination as to the Defendants and their defense counsel’s assertion of investigation report (Attachment to the E-related case judgment)

1. It is true that the alleged Defendants posted the leaflets on the charge of the crime in the NAV. However, the Defendants posted it for the public interest purpose of protecting the right to know and safety of the residents of apartment premises.

2. Article 70 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. provides that “the purpose of slandering a person” requires an intention or purpose of a harming a person, and whether a person’s purpose is to defame a person ought to be determined by considering the overall circumstances, such as the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, the method of expression, etc., and the degree of infringement of honor that may be damaged or damaged by the relevant expression

In addition, the "purpose of slandering a person" is for the public interest and for the direction of subjective intent of the actor.

유사 판례

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