logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2012.09.21 2012노1630
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding that the defendant prepared and posted a letter containing the same contents as the contents of the facts charged in this case on the free bulletin board of occupants' space, but ① the writing written by the defendant did not explicitly indicate the real names, etc. of the victims so that the victims could not identify the victims by itself, and thus, the honor of the victims was not undermined. ② The defendant merely made an article at the preventive level to prevent another resident from infringing the rights of the residents of the defendant's complex by preventing another resident from participating in the defendant's complex business, and even if there was no purpose to slander the victims, it was erroneous in the misapprehension of facts that the court below found the defendant guilty of the facts charged in this case against the defendant

B. The sentence imposed by the court below on the defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In order to establish the crime of defamation of a victim’s specific name, the act of publicly alleging a fact without a person’s name is not necessarily required to specify the person’s name, and thus, if it is possible to find out which person is identified based on the overall assessment of the surrounding circumstances, the crime of defamation against the specific person constitutes the crime of defamation.

(See Supreme Court Decision 82Do1256 Decided November 9, 1982, and Supreme Court Decision 2003Do3152 Decided September 5, 2003, etc.). According to the evidence duly adopted and examined by the court below, the contents of the assault case occurred in the meeting room of the Kimpo-si Management Office of Kimpo-si on January 8, 201 are specifically stated in the statement prepared and posted by the defendant. At the time of assault, there are many people other than the defendant's wife at the scene of assault. At least as people at the scene of assault, this article is written.

arrow