(영문) 인천지방법원 2018.10.19 2018노1738 | 리걸엔진

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(영문) 인천지방법원 2018.10.19 2018노1738

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant did not indicate the fact that the victim committed the impergies in the notice posted in the judgment of the court below (hereinafter “the notice of this case”), while arranging the victim’s suspicions.

2) The evidence submitted by the prosecutor alone is difficult to recognize that the injured party committed a false offense against the assistant officer and the Buddhist, and the Defendant written the instant notice without recognizing that it was false.

3) The Defendant prepared the instant notice in order to raise the issue of morality of the victim, who is a member of the National Assembly, and had the purpose of slandering.

shall not be deemed to exist.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant also asserted the same purport as the above argument in the lower court. The lower court rejected the Defendant’s assertion on the grounds that: (a) the Defendant stated in the instant notice to the effect that the Defendant was the victim’s in-depth theory; and (b) the Defendant did not vindicate that the Defendant’s in-depth theory was true; (c) it should be deemed that the Defendant stated false facts; and (d) the Defendant

2) Examining the reasoning of the court below in a thorough comparison with the records of this case, the above determination by the court below is just and acceptable, and even if the defendant did not clearly state that the victim's novel was the fact of the victim, as alleged by the defendant, in the notice of this case.

Even if the statement of fact in the crime of defamation is not limited to the case of direct expression of fact, it is not limited to the case of indirect or indirect expression, but to the extent that the existence of such fact is expressed in light of the whole purport of the expression, and thereby it is possible to infringe on the social value or evaluation of a specific person.

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