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(영문) 서울북부지방법원 2017.06.16 2017노74
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Although the gist of the grounds for appeal stated in the facts charged of this case, there was no intention to impair the reputation of the victim.

2. According to the evidence duly adopted and examined by the court below, the defendant used the character "C" in the Internet online game "Atoon", and the victim D used the character "E" in the same server, and the defendant posted a letter "F" and "G" on the open hosting of the above server around May 5, 2016, and around May 6, 2016, it is recognized that the defendant's act constitutes an honorary crime under the Criminal Act, which is a public allegation of a fact that may undermine the social evaluation of the victim.

The defendant had no intention to impair the honor of the victim.

However, the intention as a subjective constituent element of the crime of defamation is sufficient by recognizing the fact that the actor causes damage to the reputation of the victim, and it does not require the purpose of defamation. Therefore, the above defendant's assertion is rejected.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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