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(영문) 수원지방법원 2018.04.06 2018고정426

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around August 4, 2017, the Defendant committed a crime: (a) connected the Defendant’s personal data from the Defendant’s house located in Chungcheongnam-si District B 103 around August 4, 2017 to the Defendant’s personal data program using his/her mobile phone; (b) connected the Defendant’s personal data program using his/her mobile phone; and (c) found C, along with the Victim’s photograph C, to be changed

It was known that 8,000s down payment was remitted, and the contact was made in two sections.

#C# 사기꾼# 연락 두절# 쓰레기’ 라는 글을 게시하여 비방할 목적으로 정보통신망을 통하여 공공연하게 사실을 드러 내 어 피해자의 명예를 훼손하였다.

2. On August 13, 2017, the Defendant, at the above Defendant’s home around August 13, 2017, connected to the Defendant’s Lone Star Program at the Defendant’s home, and damaged the victim’s reputation by disclosing openly the fact through an information and communications network with an intention to defame the Defendant by posting a letter “assumpted with the Defendant’s family photo.” The Defendant’s family photo as well as the victim’s family photo, which is a change in the morale of the Defendant. There is no reason to find it. There is no reason to find it. There is a difference between the Defendant and the Defendant’s family photograph.”

3. Around August 15, 2017, the Defendant, at the above Defendant’s home around August 15, 2017, connected to the Defendant’s Lone Star Program at the Defendant’s home, and, in English, damaged the victim’s reputation by disclosing a letter “the name of the Defendant is changed to C or D. The name of the Defendant is changed to that of C or D. The name is changed to that of the Defendant.” The Defendant posted a letter “the change to Mec Mec Mec Me fraud.” In order to defame the Defendant, the Defendant posted a statement to “the change to Mec Me fraud,” thereby impairing the victim’s reputation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes attached to written complaints;

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc., and Selection of fines concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.