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(영문) 의정부지방법원 2017.06.09 2017노76
명예훼손등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) did not contain any false representation in the contents of the notices posted by the Defendants, and even if so, contain false representation in the notices.

Even if the Defendants were to believe that they were true facts and solely posted for the public interest, the illegality is dismissed.

2. Determination

A. 1) Whether a false fact is indicated in the contents of a notice or an offense of defamation requires a statement of fact to be established. A statement of fact means a report or statement on the past or current specific facts that can be proved by evidence, as a concept substituted by an expression of opinion with respect to a value judgment or evaluation, and the publicly alleged facts must be the body of the person in such a way as to be likely to infringe on the social value or evaluation of the person.

In addition, there is a statement of specific facts sufficient to decrease the social value or evaluation of a specific person.

In order to do so, such specific facts are not necessarily required to be specified directly, but at least the specified contents can be inferred promptly by a specific phrase.

In addition, in determining whether the facts alleged in the crime of defamation by a statement of false facts under Article 307 (2) of the Criminal Code are false, if the contents differ significantly from the truth or are somewhat exaggerated in the contents in light of the overall purport of the alleged facts, it cannot be viewed as false, but if the important parts are not consistent with the objective facts, it should be viewed as false.

B. It is difficult to ascertain or prove that an actor knows that the matter is false from the outside due to its nature, and there is a content, specification, and explanatory material of the published fact.

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