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(영문) 대법원 2014.12.24 2013도10035
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the primary facts charged, the lower court acknowledged the circumstances as indicated in its reasoning, and on the ground that the name “G International School” as indicated in the notice posted on August 13, 2010 among each of the instant comments, does not refer to the teaching staff of the instant international school as an expression to specify the instant international school, and it cannot be deemed that there is no possibility that each of the teaching staff working at the instant international school may infringe on their social values or evaluations due to each of the instant comments, the lower court determined that the primary facts charged in the instant case constituted a case where there is no proof of criminal facts.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the judgment of the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors in violation of the law of logic and experience and free evaluation of evidence.

2. As to the grounds of appeal on the conjunctive facts charged, the lower court acknowledged the circumstances as indicated in its reasoning, and, even if some false facts were included in each of the contents indicated in each of the instant comments, it is consistent with objective facts. However, there is room to view that victims were making a speech or behavior to receive suspicion or incompetence from the Defendant. Therefore, the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant was false. Furthermore, each of the instant comments, including the comments posted on August 20, 2010, related to study abroad of Korean students, is related to the contents of educational institutions related to study abroad, and thus, it is difficult to view that there was "the purpose of slandering the Defendant," as it constitutes a matter relating to public interest. The Defendant’s act is information and communications network.

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