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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.08.26 2015노3185
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant posted the same article as the facts charged, but the contents are true, not false facts, but true, and it was made in the public intent of notifying the victims of the criminal acts, and there was no purpose of slandering.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. In determining whether the facts alleged in the crime of defamation by a statement of false facts are false or not, if the facts alleged in the crime of defamation by a statement of false facts are different from the truth or somewhat exaggerated expressions in light of the overall purport of the alleged facts, it shall not be deemed as false or false (see Supreme Court Decision 2010Do6343, Nov. 15, 2012, etc.). (2) Whether an actor knows that the facts were false or not, in light of its nature, it is difficult to know or prove them from the outside, by taking into account the contents, personal history, social status, timing of publication, and expected ripple effect of the facts (see Supreme Court Decision 2005Do2627, Jul. 22, 2005).

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