beta
(영문) 서울남부지방법원 2016.06.16 2016고정375

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. On June 16, 2015, Defendant A posted a statement on the Internet portal site, following the media (www.daum.net) (www: /media.um.net) published “C” articles posted on “C” articles: htp, “D” and “E” using “F”.

However, there is no fact that the victim G did not assault H, one's wife.

Defendant 1 posted a false fact openly through an information and communications network with intent to defame as above, thereby impairing the honor of the victim.

2. On June 16, 2015, Defendant B posted comments on the contents of “K” using the articles of the preceding paragraph, “I” and “J”, “K”.

However, there is no fact that the victim G did not assault H, one's wife.

Defendant 1 posted a false fact openly through an information and communications network with intent to defame as above, thereby impairing the honor of the victim.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Statement by the police concerning L;

1. List of URL (33 pages of evidence records) / [Defendant B]

1. Defendant B’s legal statement

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes of UDR (20 pages of evidence record No. 20 pages) lists of comments comments on evidentiary materials;

1. Defendants of the relevant legal provisions and punishment regarding criminal facts: Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Selection of Penalty)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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