(영문) 울산지방법원 2018.10.12 2018노567 | 리걸엔진

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(영문) 울산지방법원 2018.10.12 2018노567

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding or legal principles, the contents of the instant notices are not false, and even if they were false, they were merely posted as they were from the occupants of apartment houses living in the Defendant, and the circumstances leading up to the posting, etc., even though the Defendant did not have any awareness that the contents of the instant notices were false, or there was no justifiable reason to believe that they were true, and there was no purpose of slandering the victim for the public interest, the lower court convicted the Defendant of the facts charged by misapprehending the legal doctrine or by misapprehending the legal doctrine.

B. The sentence of the lower court (the amount of KRW 700,00,000, the amount of KRW 200,000 and the period of suspended execution) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding the facts or misapprehension of the legal doctrine is 1). The lower court, in light of the overall contents of the instant bulletin and the specific method of expression, etc., posted false comments with the intent of slandering the Defendant in light of the following: (a) the Standing Auditor J of the Representative Meeting of Residents of the instant apartment; (b) the Defendant posted an article to criticize the Defendant’s act while leaving the victim F, the president of the representative meeting of occupants of the apartment;

On the ground that it is reasonable to view the facts charged of this case as guilty.

2) The intention of the crime is determined by the deliberation of the political party. Since the crime includes not only the conclusive intention but also the so-called dolutional intention, which is the intention to recognize the occurrence of the result, the crime of defamation by the statement of false facts is also established by the willful negligence.

Meanwhile, “the purpose of slandering a person” as prescribed by Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. refers to the content and nature of the relevant publicly alleged fact, as it requires the intention or purpose of a harming a person.

유사 판례

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-전주지방법원 2015.07.01 2014노1143

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