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(영문) 수원지방법원 2018.06.07 2017고정2160
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged by the Defendant refers to the “I Hospital” on the bulletin board of the NVV “H” on January 4, 2017 and refers to the “I Hospital”.

When open to the mar, the patient flive flive flive flive flive flives of another hospital will spread, and the patient fl.H.

through a car page. The complete mard in another hospital in the vicinity had been patched.

Then, I have drawn up a text of the PPS. “.”

However, there was no fact that the I hospital spreads the language of another hospital's will.

Accordingly, with a view to slandering the Defendant, the Defendant undermined the honor of the victim medical corporation in the operation of the “I hospital” through the information and communications network.

2. The facts constituting the elements of the crime charged in a criminal trial, whether it is a subjective or objective element, is the prosecutor of the burden of proof. Thus, in a case prosecuted for the crime of defamation of reputation through an information and communications network showing false facts, the prosecutor must prove that the alleged facts do not fit objective truth and are false, and that the defendant knew that the alleged facts were false (see, e.g., Supreme Court Decisions 2008Do1421, Jun. 12, 2008; 2007Do5836, Jan. 30, 209; 2007Do5836, Jan. 30, 209; 2007Do5836, etc.). Furthermore, in determining whether the defendant fulfilled the above burden of proof, the prosecutor must prove it without reasonable deliberation if the absence of the alleged facts is related to the absence of a specific act at a specific period and at a specific place (see, e.g., Supreme Court Decisions 2008Do16135, Dec. 13, 2015, 2015.

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