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(영문) 수원지방법원 2018.07.12 2018고정310
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, at around 14:30 on July 25, 2017, connects the website of the Internet source viewing site by using a computer from the “D” office operated by the Defendant, which is located under subparagraph 101 of C Building 101 in Suwon-si, Suwon-si, Suwon-si, and then, connects the market with the thickness.

The title of “A” refers to “A victim E” and “A person of F Center E, a non-profit non-governmental organization, who is a full-time member of the F Center E at Suwon-si regional economic division, who is a member for deliberation on outdoor advertising at Suwon-si, who is a full-time member of the non-profit non-governmental organization, shall request design on June 2015 to recognize the fact that E designed with H.

The meter of this construction shows the illegal signboards installed in EI in return for civil petition to the regional economic department.

The term "in this article" was posted.

However, in fact, the victim was not at all responsible for the design of the J-Public relations sculptures in return for the civil petition filed to the regional economy department at the time of Suwon.

Accordingly, with the aim of slandering the victim, the Defendant posted a false fact openly through the information and communication network, thereby impairing the reputation of the victim.

2. Determination

A. The facts constituting the elements of the crime charged in a criminal trial, whether the facts are subjective or objective, are the prosecutor’s burden of proof. As such, in a case prosecuted for the crime of defamation by an expression of false facts through the information and communications network under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the fact that the alleged facts are revealed, and the fact that the alleged facts are not consistent with the objective truth, and that the Defendant knew that the alleged facts were false, and that the alleged facts were stated, all the prosecutor must prove that they were stated, and in determining whether the alleged facts are false, the entire purport of the alleged facts should be examined.

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