logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.03.30 2016고정1193
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 6, 2015, the Defendant would be able to make the head of the Tong available in the office with the title “D7 million won dismissal” using the “F” on the bulletin board (E) of the C Apartment Housing Reconstruction and Improvement Project Association website for the purpose of slandering the victim D at the office of the Association for the Reconstruction and Improvement of Apartment Housing (hereinafter “instant association”) located in Bupyeong-gu, Seocheon-gu, Seoul (hereinafter “instant association”).

C은 죄 지은 사람들이 오히려 큰소리치고 조합원을 협박하는 게 현실이니~~ 해임되고도 월급을 한 달에 2번 씩 인출하는 배짱이 두 둑한 도둑놈입니다

D Original wage of more than seven million won and more than 5.6 million won in case of G

'The false information on the contents' was published.

Accordingly, with the aim of slandering against the Defendant, the Defendant updated false facts openly through the information and communication network, thereby impairing the honor of the victim D.

2. Defense Counsel's assertion and judgment

A. Although the summary of the argument was true that the Defendant posted a letter as described in the facts charged, the above article did not constitute false facts, but did not aim to defame the Defendant by expressing facts for the public interest.

B. “Purpose of slandering a person” under Article 70 of the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc. is to require an intention or purpose of a hazard, and the existence of a person’s purpose of slandering a person ought to be determined by comparing and considering the following: (a) the content and nature of the relevant publicly alleged fact; (b) the scope of the other party to whom the relevant fact was published; and (c) the method of expression, etc.; and (d) the degree of infringement of reputation that

In addition, since the purpose of slandering is in conflict with that for the public interest in the direction of the actor's subjective intention, it is denied the purpose of slandering if the alleged facts are about the public interest, unless there are special circumstances.

(c) public;

arrow