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(영문) 대구지방법원 2017.05.11 2017고정619

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant did not have been the main agent of the Victim B (Woo, B0 years old) this year, the Defendant stated the Defendant’s indictment in the Defendant’s letter of indictment in the “C” page northbook that anyone can see using smartphones around September 28, 2016, but even if the indictment was corrected to “victim” without changing the indictment, it does not cause substantial disadvantage to the Defendant’s exercise of his/her right to defense. Thus, the Defendant’s indictment ex officio is corrected.

(hereinafter the same shall apply)

D) connection to card news (D) containing the expression “finite finite finite finites of this article;

Madernism was a king member, and a writing was drawn up.

Accordingly, with the aim of slandering, the Defendant damaged the reputation of the victim by openly disclosing false information through the information and communication network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning news articles and comments;

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting a crime and Article 70 of the relevant Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows: (a) considering all of the factors of sentencing as shown in the records and arguments of this case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

Unfavorable circumstances: The defendant did not reach an agreement with the victim.

The victim complained of mental harm, such as receiving hospital treatment due to stress, unstable disorder, etc., due to the crime of this case.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

The defendant seems to have endeavored to transfer his mind to the victim and receive the letter from the victim.

The defendant's writing is not falsely written.