Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) was written by the Defendant on the bulletin board of the Internet Carbook (hereinafter “the instant car page”) as indicated in the judgment of the court below (hereinafter “instant bulletin”). However, the content of each of the above bulletin cannot be deemed to have been specified by the victim merely because it was written for the public interest of the instant car page members, and there was no purpose of slandering.
Nevertheless, there is an error of misunderstanding the judgment of the court below or misunderstanding the legal principles.
2. Determination
A. In order to establish a crime of defamation under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. of Information and Communications Network Utilization and Information Protection, etc. as to the assertion that the victim did not specify, the victim’s act of defamation requires a statement of specific fact, but it does not necessarily require a statement of fact with a person’s name. Thus, if a statement of fact without a person’s name can be identified by considering the contents of the expression’s surrounding circumstances and comprehensively, the
I would like to say.
(See Supreme Court Decision 82Do1256 Decided November 9, 1982, and Supreme Court Decision 201Do112265 Decided March 27, 2014, etc.). The lower court acknowledged the following facts: (a) the instant carpet is 306 members and the divorced of the members; (b) the victim is the only fact; (c) the victim is active directors within the club; and (d) the executive branch is going to go to the same branch of the couple; (b) the wife and the executive branch have been filing a divorce lawsuit since 2015 and did not proceed to the divorce lawsuit against the four executive branch; and (c) in light of the above facts, each notice of the instant case is sufficiently known to the effect that each of the instant facts are against the victim.