logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.08.16 2018노8
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing) Defendant did not have any intention to indicate false facts, and the Defendant’s act was for the public interest to normalize the Foundation by urging the victim who is in the position of president of the Educational Foundation to have the identity of the victim.

The purport of this part of the defendant's assertion is to interpret that the reason why the illegality of Article 310 of the Criminal Act is excluded, and that there was no purpose of slandering the crime of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation).

Even if the defendant is found guilty, the sentence of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s determination 1) misunderstanding of facts, misunderstanding of the legal doctrine 1) The Defendant was sentenced to imprisonment with prison labor for committing a crime that F has damaged the reputation of the victim by pointing out false facts for the purpose of slandering the victim, but the Defendant committed the instant crime in a more direct way than before without any additional confirmation procedure, and thus, the purpose of slandering the victim is recognized and

The decision was determined.

2) In determining whether the facts alleged in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false, the relevant legal doctrine 1) cannot be deemed as false if the overall purport of the alleged facts differs from the truth in the detailed contents or are somewhat exaggerated in the context of examining the overall purport of the alleged facts, but if the important part is not consistent with objective facts, it shall be deemed as false (see, e.g., Supreme Court Decision 2010Do6343, Nov. 15, 2012). Furthermore, whether an actor knows that the matter was false or not should be determined by nature, and it is difficult to know or prove it from the outside, and therefore, the content and form of the published fact, the existence and content of explanatory materials, and the content thereof.

arrow