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(영문) 서울고등법원 2017.10.12 2017노1819
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The contents of the article posted by the Defendant by mistake of facts on the Internet site (hereinafter the notice of this case) are most true and is based on the public interest and purpose to correct errors rather than slandering the victims, but the court below found the Defendant guilty of the facts charged of this case. The court below erred by mistake of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In order to establish the crime of defamation by publicly alleging false facts as to the assertion of defamation, the offender must publicly indicate the fact, and the time of such false fact should have undermined the people's social evaluation, and the offender should have recognized that such fact was false. If the important part here is consistent with the objective fact, even if there is a little or exaggerated expression in detail, it cannot be viewed as a false fact. However, in determining whether a false fact is a false fact, it shall be determined whether the part that is not consistent with objective fact is an important part by examining the overall purport of the alleged fact in light of the whole purport of the facts, and in case where the defendant contests the subjective elements of the crime of defamation of reputation, it shall be determined whether the crime is established by comprehensively taking into account individual circumstances such as the facts, status, and work, which were specifically recognized at the time of the act of expression (see Supreme Court Decision 2006Do6322, Jul. 13, 2007).

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