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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2018.04.27 2017노1484
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that a non-prosecution disposition is issued on a complaint filed against the victim based on the summary of the grounds for appeal, and that the Defendant posted the comments on this case’s comments using an emotional and stimulative expression to allow a large number of unspecified Internet camera members to peruse, etc., the Defendant has a purpose of slandering the Defendant.

Although it can be fully recognized, the court below acquitted the defendant, and the court below erred by misunderstanding the facts or misunderstanding the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is written on October 22, 2016 and around 19:48 and around 19:55, the Defendant (hereinafter “H”) written the title “I” of G (H: H) that did not receive money from the victim E (E) in D’s community sharing information on the Internet deceased craft (D: F) on the following: (a) “I”; and (b) “I” did not pay the money to F to compensate for the money that H NN has suffered by fraud; and (c) “I” written ad't son’s trust and trust of the people expressed in money.

(A) F posted a statement on the comments, “I am vibly and reliance,” as well as the money of the people, thereby impairing the honor of the victim by posting a public notice on the victim’s clinic for the purpose of slandering the victim.

B. The lower court determined that the part of the instant case’s comments were written in the form of answer written by G posted on the Internet community of G, which appears to have been written in G, and that the main content of which appears to have been above G, and that the Defendant sought to share his opinion with other carpets to prevent any further damage to the carpets members, etc., as the victims were generated from the joint purchase carried out by using the Internet community, etc.

(C) One of the subjects stated is the one in which the victim has been jointly purchasing several times using the Internet community, etc. in this court, and some of them are jointly purchasing.

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