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(영문) 광주지방법원 순천지원 2014.04.16 2013고정827
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant had a sign language at C Organizations Interpretation Center, and had the aforementioned Association-Related persons and viewing public officials dynasium, and had the victim E, the director of the D branch of the said Association, thought that he erred in the operation of the Association, and had the victim E, the director of the D branch of the said Association, raise awareness of this fact on the Internet.

On July 1, 2012, at around 08:26, the Defendant posted a letter stating that “The Defendant, by using a computer connected to the Internet at one’s home of F Apartment 1607, connects the Internet on the next website (www.daum.net).” The Defendant, despite the fact that the victim embezzled, embezzled public funds, was subject to audit and disciplinary action, or used violence against interpreters, the Defendant expressed that “the person (E) representing the deaf children of D city is consistent with false, vindication, and that he did not have any way to do so, and expressed that he was not responsible dialogue and the person’s decision-making behavior.”

The Defendant, from around that time to January 17:30, 2013, posted the same article in the same manner as indicated in the separate crime list three times in total at the same place from that time and around that time, and damaged the reputation of the victim by openly pointing out false facts as the Defendant embezzled public funds.

2. Determination

A. In determining whether the crime of defamation against the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) was established on July 1, 2012, the term “statement of fact” refers to a report or statement of the specific past or current facts, which is an expression of opinion, based on the time and space, and the content of the statement can be proven by evidence. If the report or statement is distinguished from whether it is a fact or opinion, the ordinary meaning and usage of the language is used.

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