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(영문) 서울동부지방법원 2013.07.09 2013고정398
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged of this case is a person who was a representative of Gangdong-gu Seoul Metropolitan Government C Apartment.

With respect to the defendant's apartment management business, D has inferred this to the apartment residents, and the defendant and the defendant had a good appraisal about D.

On October 19, 201, at around 16:45, the Defendant: (a) connected the Defendant’s house No. 206 and 805 with the “F” to the said apartment car page (E); and (b) it does not know that the reason why the GN caused the GN’s complaint to the effect that the GN made the petition unfolded even though the GN’s complaint was one week; and (c) it does not want to recognize or conceal any harsh result because the GN made the petition, the reason why the GN’s complaint was silent, does not want to recognize or conceal it. Since it is difficult for the person who is responsible to disclose the result properly, the Defendant caused confusion to the 2 complex occupants; (d) increased damage to the occupants by closing the management work; and (e) disclosed the position of the Dogggggggggggggggggggging it through the information and communications network from October 14, 2011 to April 16, 1.

2. Determination

A. 'A statement of fact' in the crime of defamation refers to a report or statement of a specific past or present fact in time and space as a concept substitute for an opinion expression of value judgment or evaluation. The content of the statement refers to what can be proved by evidence, and in distinguishing whether a statement of determination is a fact or an opinion, it should be determined by considering the ordinary meaning and usage of the language, the possibility of proof, the context in which the expression at issue was used, the social situation in which the expression was made, etc.

(Supreme Court Decision 97Do2956 delivered on March 24, 1998, etc.). Information and communications networks are information and communications networks.

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