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(영문) 수원지방법원 2016.10.27 2016고정772
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be innocent.

Reasons

1. No person charged may impair another person’s reputation by openly pointing out false facts through an information and communications network with intent to defame the person:

A. On March 25, 2015, the Defendant, as the title “D” on the C’s website bulletin board, posted a false letter “D”, stating that, for the 13-year period, the Defendant is a person who sexually brupted h, who reads false evidence E, news aid, churches and religion, F, G, and bromoer H et al., who read and gather a church.”

B. On April 18, 2015, the Defendant, as the title “J” on the website bulletin board of the “C”, posted a false letter stating that “The fact that the Defendant cannot be overlooked and confisced exists as a broker of the instant deputyr. Bracker H H is a person known to act as a broker on the condition that the instant deputyrr’s separation process would run the brokerage team on the condition that the instant deputyr’s separation process would run as a broker.”

C. On April 26, 2015, the Defendant, as the title “L”, posted the same text as above.

D. The Defendant, on April 19, 2015, damaged the victim H’s reputation by openly pointing out false facts by posting the same writing on the bulletin board.

2. Determination

A. In a crime provided for in Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the term “statement of fact” means a concept equivalent to an expression of opinion with a value judgment or evaluation, and the content of the expression refers to a report or statement on the past or present facts which are spatially and spatially specific, which can be proved by evidence. The context where the statement of determination is distinguished from fact or opinion, is the ordinary meaning and usage of language, possibility of proof, and the context in which the expression at issue was used.

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