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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2014.10.24 2014노2943
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal posted by the Defendant did not indicate the victim’s name, clinic, or ID, thus not specify the subject of defamation, and the content of the posted text is also not false.

2. Determination

A. The lower court determined that: (a) the following circumstances acknowledged by the evidence as indicated in its holding, namely, ① the figures of the victim or the victim; (b) the figures of the victim and the Defendant’s writing written by the victim and the Defendant on the long-term bulletin board may be known that the Defendant posted the article against the victim; and (c) the Defendant posted the above article temporarily.

was deleted.

Even if the above article can be seen as a whole, it is possible to spread publicly, the victim actually becomes aware of the fact that the above article was posted, and the victim made a false statement to an investigative agency, and the defendant stated that the defendant posted the above article in a sound mind with the personal appraisal of the victim, and that the defendant posted the above article in a sound mind, it is judged that the defendant posted a false fact for the purpose of slandering the victim, and that the defendant guilty of the facts charged in this case.

B. 1) In order to establish the crime of defamation, since a person’s name is not necessarily required to be indicated in a false statement, the act of publicly alleging false facts without a person’s name is also deemed to constitute defamation against a specific person in a case where it is possible to find out which person is identified by considering the contents of his/her expression as a whole, based on the surrounding circumstances and comprehensive judgment (see, e.g., Supreme Court Decisions 82Do1256, Nov. 9, 1982; 201Do11226, Mar. 27, 2014).

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