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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2016.05.27 2015노2222
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the misunderstanding of facts and legal principles written by the Defendant posted the same article as the entries in the facts charged of this case on the Internet bulletin board, this was true and, as a true fact, did not intend to inform the public of the wrong acts of the victim, and did not have the purpose of slandering it

However, the lower court erred by misapprehending the facts or by misapprehending the relevant legal principles, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. misunderstanding of facts and legal principles 1) In order to establish a crime of defamation by publicly alleging false facts through an information and communications network under Article 70(2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., the time and space of time and the specific past or current factual relations refer to the expression of opinion consisting of a false fact in the statement of such fact. In a case where the important part of the publicly alleged fact is consistent with objective facts, it cannot be deemed that there is a false fact even if there is a little difference or somewhat exaggerated expression in the detailed facts, but in determining whether it is a false fact, it should be determined whether the whole purport of the publicly alleged fact is an important part that is not consistent with objective facts (see Supreme Court Decision 208Do8310, Feb. 12, 2009; Supreme Court Decision 200Do8310, Feb. 27, 2009).

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