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(영문) 서울남부지방법원 2013.6.25.선고 2013고단1450 판결

정보통신망이용촉진및정보보호등에관한법률위반·(명예훼손)

Cases

Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

(Defamation)

Defendant

1. Kim 00 (70 - -)

2. Red00 (72 - -)

3. Maximum 00 (80 - -)

4. Lest* (75 - -)

5. Kim* (7 - 77-)

6. Kim & Kim (7- 7) and (7)

7. This** (62- -)

8. Transfer00 (68 -)

9.This% (74)

10.O0 (69 - -)

k. Madern00 (62 - -)

o.00 (61 - -)

13. The Kim$$ (65 -).

14.This Medi Medi (63 - Medi)

15.00 (67 - -)

16. Kim Jong-dae (76 - Do Governor)

17. O* (70 to 70)

18. Red* (71- -)

19.Drie0 (67- -)

20. Former & development (57 - 57);

21. St& (69 - 69);

22. St& (69 - 69);

23. Lest* (63 - -)

24. The maximum % (74 - -)

25. South Korea* (76 - 76)

26.O$ (59 - 59)

27. The Maz. (63 - Maz.)

28. Kim % (71 - -)

Prosecutor

For the first instance (prosecutions), for the first instance (public trial)

Defense Counsel

Law Firm Ton, Attorney Lee Dong-hwan (for the Defendants)

Imposition of Judgment

June 25, 2013

Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. Facts charged;

The Defendants are those who work as employees, such as clinical psychologists, assistant nurses, radiation specialists, medical records technicians, physical therapy technicians, medical assistants, work assistants, etc. at Anman’s University Medical Center located in Yangcheon-gu Seoul (hereinafter referred to as the “Arman’s Medical Center”) and victim * is the director of the above Medical Center.

A. Defendant Kim 00

피고인은 2012. 10. 8. 20 : 11 : 38경부터 같은날 21 : 07 : 14경까지 위 A의료원에서, 피고인의 휴대폰으로 카카오톡 계정에 접속하여 별지 범죄일람표 제1항 기재와 같이 위 의료원 직원인 김○○을 비롯하여 총 14명의 직원들의 카카오톡 계정으로 ' 빅뉴스하나 떨어 뜨려요, 동대문 문닫을 당시 엘이오 컴퍼니 사외이사가 서 * 씨 남편 이 ~ ~ 씨 였다 는군요, 게다가 원래 계약당시 17억웜이였는데 최종 납입액은 30억원, 또 그때 직원들은 20 % 삭감, 의사들은 10 % 삭감이였는데 유일하게 서 * * 의료원장 혼자만 20 % 인센티브 받는 모델로 엘이오와 계약했다는군요, 이 사실은 올해 몇몇 의사들의 스트라이 크로 재단에 알려졌고 재단에선 의료원장의 도덕성을 문제삼자 이를 타개할 목적으로 노조를 손보기로 한거라네요. 서남병원 적자도 쉬쉬하고 있지만 곧 터질 일이구요. 마곡부지 매입당시 계속 유찰된 땅을 원래 시세보다 더 비싸게 주고 산 일도 재단에서 의심하고 있데요, 간호사들이 이번 파업으로 자기네 노조회비 올라가는게 아까워서 지 금 간호조무사지부가 그러는데 간호부장이 복수노조 외치고 다닌다네요, 조무사들 월급을 니들이 왜 나눠 조합비 올려주냐고 하면서, 이거 저도 복사해서 나르는 중이예요 , 내일 로비 집결 전에 아시는 분들께 날려주세요 ' 라는 문자 메시지를 발송하였다 .

However, the fact is that the victim's husband's husband's husband's duty is no longer than one outside director, or that there was no fact that he was listed as director on the register, and that the Amedical Personnel paid to Ab&Wn (ju),****** KRW KRW KRW KRW KRW 580 million in total, not exceeding KRW 3 billion, and KRW 583 million in addition to the fee for the consulting services contract for the Hadong Hospital and the East Dongdong Hospital, which was paid to the TWnn (ju), was determined to be integrated with the Eastdong Hospital in lieu of restructuring and to implement the performance-based bonus system for doctors as well as employees and doctors, and there was no fact that there was no decision to reduce the amount of wages for the employees and doctors.

Nevertheless, the defendant revealed publicly false information through the information and communications network for the purpose of slandering the victim, thereby impairing the reputation of the victim.

B. Defendant Red00

On October 23, 2012: from around 04: 04: 05 to around 11:05 of the same month, the Defendant sent the above text message to the above A Medical Center and the Seoul Yangcheon-gu Southern circulation, 101 Dong 402 (New Eastdong,* * Pakistann) at the office of the Defendant located in the Seoul Yangcheon-gu, 101 Dong 402 (New Eastdong,* Pakistann) and sent the above text message to the Defendant’s cell phone using the Defendant’s cell phone, stating false information about the victim, and then sent the above text message to the Kakakao Kao Kao Stockholm account, as described in paragraph (2) of 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.

C. Defendant Choi 00

피고인은 2012. 10. 8. 22 : 57 : 17경부터 같은달 9. 11 : 34 : 09경까지 서울 양천구 목동중 앙본로18가길, 202호 ( 목동, * * 팰리스 ) 에 있는 피고인의 집에서, 피고인 최 * * 으로부터 피해자에 대한 허위사실이 기재된 위 제1항 기재 카카오톡 문자메시지를 전송받은 다음 피고인의 휴대폰을 이용하여 별지 범죄일람표 제3항 기재와 같이위A의료원 직원들 총 55명의 휴대폰 카카오톡 계정으로 위 문자메시지를 그대로 다시 전송하였다 .

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.

D. Defendant Lest* * from around 22, 2012 to around 23:18:04 on the same day, from around 20:20 to around 04, the Defendant sent the above text message to the Defendant’s house located in Gyeyang-gu in Gyeonggi-gu in Gyeonggi-do, 104 Dongdong,*** * * * * * * * * The Defendant sent the Defendant’s mobile phone text message to the Defendant, and then sent the above text message to the Defendant’s cell phone using the Defendant’s cell phone, 54 employees in total to the Defendant’s cell phone Kakao site account, as described in paragraph (4) of the attached Table 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.

E. At around October 22, 2012: 58:04, the Defendant sent the instant text message to the Defendant’s office located in Sungsan-ro 6-gil (Masan-dong) in Mapo-gu Seoul, * the Defendant’s maximum **, 00, Kim & Kim, and then sent the instant text message to the Defendant’s cell phone text message using the Defendant’s cell phone, 51 cell phone employees, as described in paragraph (5) of the attached Table 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.

(f) Defendant Kim & Kim & Kim;

On October 23, 2012: 35:45, the Defendant sent the instant text message to the Defendant’s cell phone account of 51 cell phone employees of the above Amedical source as is, at around 33, 301 (high speed, *******) from the Defendant’s office, Defendant Kim*, 00, and 1%, stating false facts as to the victim, and then sent the said text message to the Defendant’s cell phone account of 51 cell phone Kakaoooo A medical source employees.

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.

G. Defendant this** from October 9, 2012 to April 08: 03:08 to April 16: 43, 2012, the Defendant received the instant text message from the Defendant’s cell phone in Seoul Special Metropolitan City Nowon-gu, and from the Defendant’s house located in the 116 Dong 1111 (Offset, * apartment) to 16 Dong 1111 (Offset, * apartment), and then sent the said text message to the Defendant’s cell phone account with the Defendant’s cell phone of 34 mobile phone employees working at the above A medical center as described in paragraph (7) of 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.

H. Defendant 00

On October 9, 2012: From around 05: 05 to around 13: 11:32 of the same day, the Defendant sent the above text message to the above A Medical Center and the Seoul Central Cranch-gu Preamju, 405 Dong 503 (tence,** apartment), from the Defendant’s house located in the above A Medical Center and the Seoul Central Cranch-gu, 503 (tence, * apartment), and from the Defendant’s cell phone, sent the above text message to the Defendant’s cell phone text message stating false facts about the victim, and then sent the above text message to the Kakao Kao Kao Stockholm account, 34 employees of the above Amedical Center as described in paragraph (8) of 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.

(i) Defendant 1 %

On October 23, 2012: 46: from around 20 to around 06: 33:43 of the same month, the Defendant received the text message from the above A Medical Center, the Defendant most *** the Defendant’s cell phone text message stating false facts about the victim, and then sent the said text message again to the above A Medical Center’s employees to the 33 cell phone Kakaoo Kaoo Stockholm account, as shown in paragraph (9) of the attached Table 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.

(j) Defendant 00

On October 23, 2012: from around 40: 21 to around 33:59, the Defendant sent the above text message to the Defendant’s office located in Seodaemun-gu Seoul Western-gu, 105 Dong 1008 (Seoul Western-dong,*******), the Defendant, 00, and the Defendant’s cell phone text message stating false facts against the victim, and then sent the above text message to the Defendant’s cell phone using the Defendant’s cell phone, as described in paragraph (10) of the attached Table 10.

As a result, the Defendant, with a view to slandering the victim, revealed publicly false information through the information and communication network, thereby impairing the honor of the victim.

(k) Defendant 10

On October 21, 2012: from around 32: 52 to around 09:53 on October 21, 2012, the Defendant sent the above text messages from around 52: (a) from around 32: 09 to around 53: 18:0, from among the Dong-dong, Yangcheon-gu Seoul, the Defendant’s house located in No. 302 (Whoe, leap***) to the Defendant’s house, prior 00, this%, and this * * using the Defendant’s cell phone text messages stating false facts against the victim; and (b) sent the above text messages to the above A Medical Center’s cell phone Kakao Stockholm account with 16 employees, as described in paragraph (11) of the attached Table.

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.

C. Defendant Jeon 00

On October 21, 2012: 43: from around 04 to around 08: 35:32 of the same month, the Defendant sent the above A Medical Center and the Seoul Yangcheon-gu Central Office of Yangcheon-gu, A, No. 301 (new winter,*** * * * * 00, 500, 000, and this * * * by using the Defendant’s mobile phone text messages containing false facts against the victim * 16, as described in paragraph (12) of the attached Table of Crimes 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.

(m) Defendant Kim Kim $$

On October 9, 2012: from around 20: 20: 34 to around 45:03, the Defendant received text messages from the above A Medical Center, from around 00, 00, 00, and 00, stating false facts as to the victim, and then re-issued the above text messages to the above A Medical Center’s account of 14 mobile phone Kakaoooooooooooooooooooooooooooooooooooooooooooooooooooo, using the Defendant’s mobile phone as described in

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.

n. Defendant 1 Medi Medi Medi

On October 23, 2012: from around 07: 07: 08 to 23:08:21, the Defendant received text messages from the above A Medical Center, from Defendant 00, 00, 00, ** * using the Defendant’s mobile phone text messages containing false facts as to the victim, and then re-issued text messages to the above A Medical Center employees of 14 mobile phones accounts using the Defendant’s mobile phone as shown in paragraph (14) of the attached Table 14.

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.

o. Defendant 00

On October 23, 2012: From around 02: 02 to around 07:50 on the same day, the Defendant sent the instant text message to the Defendant’s house located in the Seocho-gu Seoul Metropolitan Government 11-ro (Chodong-dong-dong-dong-dong-dong-dong-dong), from around 00 to the Defendant’s cell phone, and then sent the instant text message to the Defendant’s cell phone Kakaoo Kaoo Kao Kaoo Kaooo Kaoo Kaoo Kaoo Kao, which stated the Defendant’s false facts as to the victim, using the Defendant’s cell phone, and then sent the said text message

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.

(p) Defendant Kim Jong-dae

On October 22, 2012: from around 08 to around 09:52 on October 22, 2012, the Defendant sent the instant text message to the Defendant’s cell phone account with a total of 12 mobile phone employees working for the above Amedical center as shown in attached Table No. 16, stating the false facts about the victim, at the Defendant’s house located in Gaoo 29-ro in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and 101 (Baol, **).

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.

C. Defendant OE**: 03 on October 22, 2012: 03:13, the Defendant sent the instant text message to the Defendant’s cell phone account with a total of 12 mobile phone staff members working at the medical center as shown in Section 17 of the attached Table No. 17, stating false facts as to the victim, at the Defendant’s house located in the same 102 Dong Dong 801 (Serodong,* * 11 apartment). The Defendant sent the instant text message to the Defendant’s cell phone, and then sent the said text message to the Defendant’s cell phone account with a total of 12 mobile phone staff members working at the medical center as described in Section 17 of the attached Table No. 17.

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.

(r) On October 21, 2012: (a) around 26:14, the Defendant sent the instant text message to the Defendant’s office located in Eunpyeong-gu Seoul, Eunpyeong-gu, 927 Dong 701 ( Jindong,******) from Defendant Kim0, and then sent the instant text message to the Defendant’s cell phone text message using the Defendant’s cell phone, which indicated the false facts about the victim, and then sent the said text message to the Defendant’s office, as shown in paragraph (18) of the attached Table 18.

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.

(s) Defendant 00

On October 8, 2012: 03: 08: 08 on the same day from around 06: 08: 08: 16:43, the Defendant sent the instant text message to the Defendant’s office located in Seoul Special Metropolitan City, Nowon-gu, Seoul, 116 Dong 1111 (Offset Dong, * apartment) and the Defendant’s office, stating the false facts about the victim, and then sent the said text message to the Defendant’s cell phone using the Defendant’s cell phone, as described in paragraph (7) of the attached Table No. 7.

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.

(t) Former R&D;

On October 22, 2012: from around 30: 59 to around 09:46 of the same month, the Defendant received the instant text message from the Defendant’s house located in the above A Medical Center and Gangdong-gu Seoul, 130 Dong, 503 (Sportedong,** apartment), from the Defendant’s house located in the above A Medical Center and the Seoul Gangdong-gu, stating the false facts about the victim, and then sent the said text message again to the above A Medical Center’s cell phone Kakakao Kakao Kakao Stockholm account, using the Defendant’s cell phone, as described in paragraph (20) of the attached Table of Crimes No. 20.

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.

(u) Defendant Park & Park & Park;

피고인은 2012. 10. 9. 07 : 15 : 51경부터 같은날 11 : 58 : 31경까지 위 A의료원에서, 피고인 백00, 남 * *, 차◆◆로부터 피해자에 대한 허위사실이 기재된 위 제1항 기재 카카오톡 문자메시지를 전송받은 다음 피고인의 휴대폰을 이용하여 별지 범죄일람표 제21항 기재와 같이 위 A의료원 직원들 총 3명의 휴대폰 카카오톡 계정으로 위 문자메시지를 그대로 다시 전송하였다 .

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.

(v) Defendant’s political and social development;

On October 21, 2012: from around 31:39 to around 21:53:23 of the same day, the Defendant received text messages from the above A Medical Center, Defendant Red**, stating false facts as to the victim, and then sent the above text messages again to the above A Medical Center’s account of 3 cell phone Kakaooo Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao, using the Defendant’s cell phone, as shown in attached Form No. 22.

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.

(w) On October 23, 2012: (a) around 29:39: the Defendant sent the above A Medical Center, the Defendant’s pre-00, Kim Ho-si, and the Defendant sent the above text message to the Defendant’s cell phone Kakao Kakao Kakao Stockholm account with the Defendant’s cell phone, and then re-issued the above text message to the above A Medical Center’s cell phone Kao Kao Kao Kao Kao Kao, as shown in paragraph (23) of the attached Table of Crimes List.

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.

x. Defendant 1 1 %

On October 9, 2012: around 17: 51, the Defendant sent the instant text message to the Seocho-gu Seoul Western coast, and the Defendant’s house located in 101 Dong 904 (Midong,**** apartment). The Defendant sent the instant text message to the Defendant’s cell phone, and then sent the said text message to the Defendant’s cell phone Kakaoooooo site account, using the Defendant’s cell phone, as described in paragraph (24) of the attached Table No. 24, using the Defendant’s cell phone.

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.

(y) Defendant South Korea* * around 08: 49:32 on October 9, 2012, the Defendant sent the instant A Medical Center text messages to the Defendant, stating the false facts as to the victim from the Defendant, and then sent the said text messages to the Defendant’s cell phone account with one cell phone staff member of the said A Medical Center, as described in paragraph (25) of the attached Table No. 25.

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.

ter. Defendant’s United$ $$ 10

On October 9, 2012: around 05: 02, the Defendant sent the instant text message to the account of 322 mobile phone Kakaoooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooa

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.

(za) Defendant Kim Kim k k kb

On October 23, 2012: around 27: 27:46, the Defendant sent the text message to the medical center above, from Defendant Red00, stating false facts about the victim, and then sent the text message above to the above Amedical center’s cell phone account, using the Defendant’s cell phone, as shown in attached Form No. 27.

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.

b. Defendant Kim- per cent

On October 23, 2012: around 00: 00: 31, the Defendant sent the text message to the Defendant’s house located in Yangcheon-gu Seoul, Yangcheon-gu, 721 Dong 1008 (Badong,******** apartment), the Defendant sent the text message to the Defendant’s cell phone, and then sent the said text message to the Defendant’s cell phone Kakao Kao Kao Stockholm, as described in paragraph (1) of the attached Table 28, using the Defendant’s cell phone.

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.

2. Determination

However, this is a crime falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which cannot be prosecuted against the victim’s express intent pursuant to Article 70(3) of the same Act. According to the written withdrawal of the victim’s preparation, the victim may be acknowledged to have withdrawn all his/her wishing to punish the Defendants on May 6, 2013, which is after the prosecution of this case.

3. Conclusion

Therefore, the prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

Judges

Judges Compensation Board