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(영문) 대구지방법원 2015.09.24 2014노3741
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal presented by the Defendant as stated in the facts constituting the offense in the lower judgment was for the public interest to reveal the truth by urging the Defendant to investigate the facts.

In addition, due to the characteristics of the information media called Twitter, the act of the defendant who re-printeds the letters posted by K constitutes an error of law that has justifiable grounds for believing that it was not a crime.

2. As the court below properly states, in light of the background and method of posting the same content as that of the facts constituting the crime of the court below, and the contents of the above posting, it is recognized that the defendant disclosed publicly false information through an information and communications network for the purpose of slandering the defendant, thereby impairing the victim's reputation, and there are reasonable grounds to believe that the writing posted by the defendant is true.

It can not be viewed that it was for the public interest.

In addition, even though the defendant's act is generally a crime by reason of defense counsel's assertion, it cannot be viewed as a case where the defendant's act is recognized as an act permitted by the law in his special case, and there is a justifiable reason to mislead it.

Therefore, the defense counsel's above assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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