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(영문) 수원지방법원 2016.04.15 2014노5742
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below on the grounds of appeal is erroneous in the misapprehension of legal principles as follows, which affected the conclusion of the judgment.

A. According to L’s instructions, the Defendant posted the same content as the facts constituting the instant crime as indicated in the judgment below, and thus, the subject of the instant crime is L.

B. As the public opinion on E becomes worse, the Defendant stated the other party in English alpha in order to operate E normally, and posted it on the website where only the members can have access, the Defendant did not have any intent to commit defamation.

(c)

For the benefit of E and its members, the Defendant is aware of the facts stated in the facts constituting the offense as indicated in the judgment below, and thus, the illegality should be dismissed.

2. Determination

A. We examine the argument that the notice was posted in accordance with L’s instructions. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the Defendant’s expression “G Company I” in the case related to E’s website reporters and G Company I at the time of the initial police investigation, i.e., the following circumstances acknowledged by these evidence:

How is the defamation?

“In light of the fact that the Defendant and the attorney-at-law expressed written comments in English language so that they do not conflict with the law,” the Defendant is aware of the existence and details of the comments, as well as of the intention planned in advance. The Defendant appears to have been involved in the overall process of posting the comments on the website. When posting the comments on the website, he shall write them in writing and deliver them to the employees, and the employees are carried out by the way of sending them to the company in charge of managing the website, E’s business instruction and direction-making work, as well as the work of posting the comments on the website.

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