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(영문) 서울남부지방법원 2012.08.06 2012고정548

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person working as a reporter in Gangseo-gu Seoul Metropolitan Government, and is not detrimental to the honor of another person by divulging false information openly through an information and communications network for the purpose of slandering;

A. Fact was not true that D had ordered D to conduct a fact-finding, and D administrative head office F officer did not know this fact to the Defendant, on June 30, 201, even though D had access to the website, which was an information and communications network “D and E instructions for a fact-finding investigation,” it was known that D accepted the “written petition for a fact-finding investigation of the E-free wood company G illegal act,” which was filed by A A A A A, and ordered E to conduct a fact-finding investigation. A collector posted the “D administrative head office F officer, who was notified of this fact from D administrative head office,” thereby impairing the victim’s reputation by openly pointing out false facts to many unspecified Internet users on cyber for the purpose of slandering the victim.”

B. The facts are as follows: (a) although the Defendant did not have agreed to consult with the Defendant on the instant case for the correction of seals upon receiving a request from the Defendant that “a seal is required to be corrected because the seal is wrong; (b) he did not have agreed to consult with the Defendant on the instant case; (c) on July 9, 201, by accessing C website, which is an information and communications network, “A reporter and H pastor scheduled to consult with the Defendant”; and (d) on the article under the title “A reporter and H pastor scheduled to consult with the Defendant,” “A reporter agreed to consult on the instant case with H wood company or G free wood company” for the purpose of slandering the Victim G, by posting “A reporter was to consult with the victim’s reputation by openly pointing out false facts to many unspecified Internet users on the cyber market.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and F;

1. Partial statement of a witness I;

1. An investigation report (general) - Attachment of materials submitted by a complainant;

1. Civil petition documents;