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(영문) 대전지방법원 2020.06.17 2020고정301

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

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

Reasons

Punishment of the crime

On February 6, 2019, the Defendant, who was aware of the Victim B’s husband C, connected AD with Syone gram, posted a protruding photo on the victim’s screen screen, and under which the Defendant posted the same article on a total of 48 occasions, as indicated in the attached list of crimes, stating that “A woman (E apartment) who was exposed to defamation of and accused against the victim before South and North Korea (E apartment),” and “a woman who was frighted by the victim himself/herself, is sexually bullying,” and posted a notice stating “F, the trade name of the fireworks operated by the victim,” etc. from that time to July 30, 2019, as indicated in the attached list of crimes.

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. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

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

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