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(영문) 의정부지방법원 고양지원 2017.05.25 2016고정888
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. The Defendant’s insultd the Internet portal site “C” connected to the Internet portal site, and written as “F” the title of “F” in the category of “F” in the event that the Defendant used a personal computer at the Defendant’s residence on May 5, 2015, Da, 610 Dong 2202, the Defendant used the personal computer on May 5, 2015.

By doing so, how we live human life for their own consciousness.

Bohovahovahovahion

In a manner that posts comments on “the comments”, the victim G was openly insulting.

(b) No person who violates the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. shall defame another person by openly pointing out any fact or false fact through an information and communications network with intent to defame a person;

Nevertheless, the Defendant access the Internet portal site to Adidi “C” on May 5, 2015, the Defendant used the personal computer at the place of residence of the Defendant D, D, 610 Dong 2202, the Defendant used the personal computer on May 5, 2015, and was written under the title “H and G” in the category of “H and G” in the category of “I” in the Republic of Korea No. 2202, N.V. finance, as shown in the attached list of crimes No. 1.

Prosecution was bound by the prosecution's investigation; and

The purpose of posting comments on “” was to defame the victim G by openly pointing out facts, thereby impairing the reputation of the victim, and by openly pointing out false facts five times in total, as shown in attached Table 2 through 6 of the sight of crimes, thereby impairing the honor of the victim.

2. Determination

A. The offense of insult as referred to in the offense of insult is an expression of an abstract judgment or a sacrific sentiment that could undermine a person’s social evaluation without a statement of facts. Even in a case where a letter contains a judgment or an expression of opinion that includes especially insulting expressions, such expressions are socially accepted in light of the sound social norms in that era.

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