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(영문) 서울남부지방법원 2016.01.25 2015노903
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine as to defamation crime 1) The expression “director of the E.E.N.F. director” of the victim’s specific nature cannot be identified from the perspective of ordinary people, and thus, the crime of defamation against the victim is not established.

B) The lower court determined as follows: (a) despite the existence of clear description of facts related to each posting as to the facts of the crime No. 1 of the lower judgment, determined that each posting constitutes defamation by publicly alleging false facts by determining that the whole is false without any specific determination thereon.

(1) The part of the crime No. 1-A (Notice No. 1) of the facts stated in the judgment of the court below stating that "the victim shall satisfy another female teacher who satisfys next to the withdrawal of alcohol and another female teacher who satisfys two arms is not evaluated by the defendant that it is recognized by the victim or the related teachers, and that the victim (the principal) satfys, and the teacher actually satfys about how much he satfys our husband sat, and how much our husband satfys our husband satfys."

It is intended to transfer “I” or “I will move to middle school if I am son or son.”

”라고 말한 사실은 학내에 소문이 있어 글로 표현한 것이다 (2) 원심 판시 범죄사실 제 1의 나 항 관련( 제 2 게시 글) 피해자는 원심에서 ‘ 여자 옷맵시만 이쁘면 뭐 하냐,

Inasmuch as there was a fact that “if it is almost remaining after being off,” and testimony was made as “no memory to use a accurately certain expression,” it can be evaluated to the same effect as indicated in this part of the facts charged, and it is an expression that could cause a sense of sexual humiliation as a result of hearing.

Therefore, this part of the facts charged is true.

(3) Preparation of a written confirmation as to No. 1-C. (3 notice) of the facts constituting the crime as indicated in the judgment below.

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