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(영문) 서울북부지방법원 2016.09.02 2016노818
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not contain the purpose of slandering the victim D, and the victim cannot be deemed to have been identified by failing to indicate the name of the victim in the posted text.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

2. The name of the injured party is not clearly indicated in a letter posted by the accused on the Pestbook;

Even if the victim's name was discussed to some extent in the comments on the comments, and the defendant also supported the comments by having given answers, the defendant's comments read the comments can be seen as having been identified as the victim because he or she can be aware of who is the victim.

In addition, in light of the publication contents of the notice, the method of expression, etc., it can be sufficiently recognized that there was a purpose of slandering the victim.

Defendant’s assertion of mistake or misapprehension of legal principles cannot be accepted.

Therefore, the defendant's appeal is dismissed without holding any pleadings pursuant to Article 364 (5) of the Criminal Procedure Act.

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