logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.22 2017노3609
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. misunderstanding of facts and legal principles, and writing written by the Defendant on the Internet camera bulletin board of the instant case does not constitute false facts.

In order to assist in the operation of a camera in order to prevent the occurrence of an unforeseen between both men and women of the above Internet camera, Defendant posted the instant notice, which is a true fact, and thus, there is a purpose of slandering.

shall not be effective.

Even if it is recognized that the instant notice was a false fact, the victim of the instant notice itself was identified.

Therefore, there is no violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation).

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to (i) determination of misunderstanding of facts and misapprehension of the legal doctrine, namely, the Defendant stated from G that “the victim was living together with G.”

However, the victim consistently states that the investigative agency and the court below consistently stated that there was no fact that the victim made such remarks to G, and that G did not have any negative talks about the victim before the victim and the defendant living together, and that there was no fact that the victim made such remarks. At the time when the defendant puts a notice in this case, it cannot be seen that the defendant confirmed the authenticity of the contents written in the notice to the victim or G, and that the defendant posted a letter to the effect that "the part of the defendant's wrong statement was made" while deleting the written notice as the victim's strong opposition by the members designated as the victim. In full view of all the circumstances, the content written in the notice in this case was false.

arrow