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(영문) 서울북부지방법원 2018.12.21 2018고정875

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant attended the “E” course with the victim D from December 5, 2016 to June 17, 2017, as a student of the “C School” located in Jung-gu Seoul Metropolitan Government B.

On June 17, 2017, the Defendant visited the Defendant’s home located in Nowon-gu in Seoul Special Metropolitan City to “www.HRD.go.kr”, which is the site of the vocational training portal in the Ministry of Labor, and the Defendant’s “E” lecture “E” which the victim stronged, would be how the other party complained against the Defendant’s complaint when he/she is suspected of having been filed on June 9, 2017.

It is not possible for the victim to establish a crime if he/she is not a legal expert, but who is equal to the other person.

In response to the answer, “A class was its floor without any qualification for the first student’s desire to teach the training administration D belonging to an agency, and D, a training teacher involved, encourage the part of sexual crime even during the class, as well as false remarks. If a student does not have any evidence of sexual assault during the class hours, it would be improper to file a complaint against sexual assault victims rather than sexual assault victims, and the victim’s reputation was undermined openly through an information and communications network with an intention to defame the victim by posting a false statement via an information and communications network.

Summary of Evidence

1. Each legal statement of H, G (81years), I, J (89) and K;

1. Statement made by the police with H;

1. Efaging a course after attending a course;

1. Application of Acts and subordinate statutes to report on investigation (right to peruse the date registered by another person);

1. Article 70 (2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and Selection of a fine concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;