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(영문) 의정부지방법원 2016.07.05 2016노464
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. The defendant became aware of the fact that some of the patients who have taken advantage of L were preparing for a lawsuit from AB, a professor who is a professor, and the defendant has been preparing for a civil lawsuit against the victim.

There was considerable reason to believe that there was a good reason to believe.

B. The Defendant did not indicate that “the victimized person instructed the victimized person to put comments on L’s efficacy by employing his employees on a false basis.”

(c)

The defendant did not indicate false facts, and the defendant does not constitute a crime of interference with business by deceptive means.

2. Determination

A. There was a patient preparing a lawsuit against the victim

1) As to whether there was a reasonable ground to believe that an act of impairing another person’s reputation was illegal if the act was committed with respect to public interest and its purpose was solely for public interest. In a case where it was proved that the alleged facts were true, as well as where there was a reasonable ground to believe that the act was true even if it was not proven, it should be deemed that there was no illegality.

In this context, whether an actor has a reasonable reason to believe the truth or not, or not, is supported by a reasonable material or basis that the actor has made an adequate and adequate investigation to verify the authenticity of the content thereof, by taking into account various circumstances, such as the content of the timely fact, the basis for believing the truth, the certainty and credibility of the material, the facilitation of confirmation of the fact, and the degree of damage to the victim caused by a timely statement.

In light of the above, determination should be made (see Supreme Court Decisions 2010Da61793, Dec. 27, 2012; 2012Da4138, Jun. 12, 2014, etc.). 2) The following are acknowledged based on the evidence duly adopted and examined by the lower court and the lower court.

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