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(영문) 수원지방법원 2019.05.10 2018고정1581

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 23:22 on January 13, 2018, the Defendant connected the victim B’s SNS, the husband, to the “C”, “D,” and written the comments “E Center F, a woman of B, and galle,” “H” at around 12:0 on February 10, 2018, the Defendant damaged the victim’s reputation by exposing public facts through an information and communications network for the purpose of slandering the victim by accessing the victim’s G and drawing up the comments “H”, etc.

On the fourth public trial date, the prosecutor changed the facts charged from “a point of defamation in a false statement of facts” to “a point of defamation in a false statement of facts,” on the ground that regardless of whether the facts alleged by the defendant were actually false or not, and on the ground that it appears that the defendant had no awareness of

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. A witness B and I's respective legal statements;

1. Protocol of the police statement concerning B;

1. Application of the law to the complaint (The time when the defendant posted comments on the comments written in the facts charged, according to each evidence at the time, is determined to be specified to the extent that the defendant's defense is not infringed, and it can be sufficiently recognized that other persons, such as I, as well as the defendant at the time, can see the above comments).

1. Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the Selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The fact that the indictment has been changed due to a statement of fact in the point of defamation due to a statement of false facts in the sentencing period of Article 334(1) of the Criminal Procedure Act, the defendant's act of expressing comments on the facts charged itself is recognized, and there are circumstances that can be considered in the motive and circumstance, the primary crime is the defendant's age, character, career, environment, the circumstances and result of the crime.