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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2016.12.08 2016노1058
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, without disclosing the real name of the victim, posted a notice on the bulletin board to identify who is the subject of defamation against the victim, and thus, did not constitute defamation against the victim. Since people threatening the existence of the C Association are often in the face, it is difficult to criticize the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2. Determination

A. 1) The crime of defamation does not necessarily require a person’s name to be explicitly indicated in order to establish the crime of defamation. Thus, if a statement of false facts without a person’s name is possible to find out which person is identified based on the surrounding circumstances and comprehensive assessment of the contents of the expression, the crime of defamation against the specific person constitutes the crime of defamation (see, e.g., Supreme Court Decision 2011Do11226, Mar. 27, 2014). 2) The following circumstances are acknowledged based on the evidence duly adopted and duly examined by the court of the lower court. In other words, the actual name of the “D Secretary-General,” who is the victim, and the position at the association, are included in the part of the Defendant’s notice written by the Defendant, and ② the Defendant continuously up to February 4, 2015, by posting all similar articles as indicated in the list of crimes in the attached Table in the lower judgment, and ③ the Defendant’s name and the name of the members of the Association, which is not directly used by the Defendant C’s Association.

Even if a member of the victim or C Association is the victim, the content is the victim.

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