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(영문) 서울서부지방법원 2018.05.31 2018노326
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal in the instant facts charged that the Defendant used only the victim’s English initial into H institution G, but sufficiently identified the victim when considering the expression of the article and surrounding circumstances; the above article repeats the victim’s insulting expressions by emphasizing the lack of the victim’s qualities and job ability; and did not present specific cases and grounds to support the above article; the victim cannot be deemed as a public official who already retired at the time of publication of the above article; and the victim cannot be deemed as a public official in terms of the fact that the contents of the instant facts charged do not constitute a public official examination by the citizens, such as the developments leading up to promotion, qualities, or ability, etc. at the time of service as the retired public official.

full recognition may be accepted.

Nevertheless, the lower court acquitted the Defendant of the facts charged of this case, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine on “the purpose of slandering a person” in the crime of violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Defamation

2. Determination

A. The summary of the facts charged in the instant case is a person engaged in editing articles written by reporters belonging to the Defendant as the Jeju Editor and approving the publication of articles in the online newspapers, etc. of the company.

On April 3, 2017, the Defendant refers to “F” at the above newspaper company office located in Mapo-gu Seoul Mapo-gu Seoul, and “F” refers to “F” at the above newspaper office, while G, the front line of which, even at the time of carrying, has been promoted compared to the motive of the implementation;

After the promotion of G, even though the number of years of service after the promotion of G was kept in parallel with the Service, it still has not been promoted to the position of the clerk after the promotion of G, such as that the number of years of service after the promotion still remains in the G class.

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