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(영문) 서울중앙지방법원 2017.09.21 2017노2470
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) by the defendant is merely a justifiable criticism against the Authorized E and G for the public interest based on true facts, and cannot be said to have insulting E.

2. Determination

A. The summary of the facts charged is that the Defendant, on May 10, 2016, under the title “C” B, operated by the Defendant, “D” on the bulletin board, a written warning is completed for a political soldier who has a strong background. It is because the plant of the plant of the species is not only the background of E.

On June 11, 2016, "Disprison G was exposed to a reduction of funds and political rights regardless of his or her absence of president's theory," and "H" under the title "H" on the Blog bulletin board "H," and "E has sacrificed non-commissioned officers who do not commit a crime in M.

Now, the whole of the Republic of Korea is writing to drink.

The author published a letter "to ensure the boundaries of both spouses," thereby openly insulting the victim E.

B. The lower court found the Defendant guilty of the facts charged by comprehensively taking account of the following evidence.

(c)

1) The offense of insult of the relevant legal doctrine does not state a fact and expresses an abstract judgment or a sacrific sentiment that could undermine the people’s social evaluation. Even in the case where a certain insult contains such insulting expressions, one’s opinion is to make one’s own judgment as to the factual relation or issues surrounding it, and the attitude the victim took into account the motive, circumstance, and background behind posting the article, the overall purport of the article, the specific method of expression, the logical and objective validity of the premise, the proportion of the premise fact to the whole text, and the relation between the whole content.

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