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(영문) 서울서부지방법원 2014.11.13 2014고정1237
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who works as a licensed real estate agent.

On August 5, 2013, the defendant, using the computer of the licensed real estate agent office in Yongsan-gu Seoul, Yongsan-gu, Seoul, where the defendant's workplace is the defendant, screened the contents of "G" from F newspaper ( November 5, 2010) E-gu, the Korean Licensed Real Estate Agents Association homepage of Yongsan-gu, and changed only the part of the victim's previous conviction (the suspicion of the acquisition of stolen property) in the above contents into the letter as soon as possible, and damaged the victim's reputation with the content of "the head of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of this article, the main official of this article, and the liquor tax."

B. On August 19, 2013, at around 09:08, the Defendant screened the contents of “G” from F newspaper ( November 5, 2010) on the Internet’s bulletin board “H” (H), with a view to slandering the said place in the same manner, the Defendant’s reputation was damaged by pointing out that only the part of the victim’s previous convictions (the charge of acquiring stolen goods) among the above newspaper is replaced by a prompt publication, and that it is due to the falling of a brupted line. The Defendant’s fear was not the bar of the victim’s accusation. A newspaper engineer’s reputation was damaged by stating that “the prior conviction of acquiring stolen goods or the brupted bomb.”

2. Determination

A. “Purpose of slandering a person” requires the intention or purpose of a hazard. Whether a person is intended to defame 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 itself; and (d) the degree of infringement of honor that may be damaged or damaged by such expression.

On the other hand, the term "purpose of slandering people" requires the intention or purpose of a hazard, which is contrary to one another in the direction of subjective intention of the actor, as well as for the public interest.

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