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(영문) 서울중앙지방법원 2015.05.27 2014고정5126

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

A. The Defendant, who committed the crime, was aware of the fact that he used the SNS Ma, and the victim F was aware of the fact that he had used the Ma and the victim F was aware of the fact that he had used the 'G', and that he had used the Mag. The above Mags can read the Mags posted by anyone.

From March 17, 2014 to the 18th day of the same month, on the ground that the Defendant, from around March 17, 2014, proposed the victim not to communicate any longer and left the SNS, posted a statement on the DNA conversation stating that “In order to get out of the victim of the second and third victim, the Defendant cut off the victim’s dialogue name and face photograph8,” and read it as follows: “In order to get out of the victim of the second and third victim, it was turned out on the cryp of the cryp, the cryp of the cryp of the cryp, the cryp of the cryp, the cryp of the cryp, the cryp of the cryp of the cryp.

However, in fact, the victim did not provide SNS for the purpose of helping women to gather, and there was no female victim who suffered from the victim.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A criminal investigation report (Attachment of the details of insult), an investigation report (a report accompanied by additional data submitted by a complainant);

1. Application of Acts and subordinate statutes governing specific evidentiary materials for establishing a criminal defendant's defamation suspicion;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Punishment.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act were not specified by the defendant's act as the defendant's judgment, and the article posted by the defendant is true and is related to the public interest, so illegality is excluded or there is no purpose of slandering.