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(영문) 대법원 2015.02.26 2014도14728
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1.(a)

The judgment below

According to the reasoning, the court below determined that it was difficult to view that the defendant had the purpose of slandering the victim's act of inserting the instant bulletin on the ground that the defendant posted other recommendations regarding the use of the library in addition to the posting of this case where the victim criticizes the victim's uniforms at the time of the instant case to be inappropriate, and the victim was required to refrain from exposing clothes with severe exposure so as not to undermine his dignity as a public official working in the instant library, and the victim's personal information did not appear in the posting of this case. Therefore, since the public interest that can be gained by the posting of this case rather than the honor of the victim infringed by the posting of this case would be more superior to that of the victim

B. However, the reasoning of the lower judgment and the following circumstances revealed by the evidence duly admitted by the first instance court and the lower court, namely, ① the victim’s superior, who was in charge of the management of the library of this case, pointed out the Defendant’s neglect of duty, or asked the Defendant to operate air conditioners on the second floor of the library, which is the Defendant’s working place, did not have any relation with one another by the victim’s refusal, etc., even if there was a serious conflict between the victim, such as raising the speech before other employees, ② most of the matters to be discussed in the notice of this case are related to the Defendant’s own interest or are the cause of conflict with the victim’s appraisal. ③ In relation to the matters pointed out by the Defendant in the notice of this case, the Defendant’s proposal was made to the victim or other superior before that point.

It appears that the library users did not request correction from the library employees, and ④ the Defendant taken pictures of the victim’s short body in this case.

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