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(영문) 수원지방법원 성남지원 2013.04.19 2013고정447

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 1, 201, the Defendant filed a divorce lawsuit against the victim on December 1, 201 as the wife of the victim B, and filed a complaint for the crime of adultery, and now the trial on each of the above facts is in progress.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) shall defame another person by divulging facts openly through information and communications networks with intent to defame the person;

Nevertheless, at around 04:52 on December 17, 201, the Defendant, using the Defendant’s cell phone (C), sent to the Seoul Yangcheon Police Station located in Yangcheon-gu Seoul Metropolitan Government Yangcheon-1dong, a letter that “The Defendant filed a complaint with the victim’s company Doctrine, D, D’s wife F (G), H (I), the victim’s seat, and J (K), which is the victim’s back-up, by means of B and is investigated by the Yangcheon Police Station. Women are under investigation at the Yangcheon-gu Police Station. Women are the dong-gu of L elementary school and are Sbagu 2.0-0 roadway and Sbagu 2.0-My and Sbagu 2.0-My, which are known, sent to the police conference a letter that “The five South South Korea approved the arrest under the police conference.”

Accordingly, the defendant has damaged the reputation of the victim by divulging facts openly through the information and communication network for the purpose of slandering the victim.

2. On May 2, 2012, the Defendant sent a written summons of witness of the Seoul Southern District Court and a written notice of the progress of the case processing under the name of the head of the Seoul Yangcheon-gu Police Station, stating that “The Defendant sent the victim’s company fellow M and N, a witness of the Seoul Southern District Court, to attend as a witness of the complainant, as a witness of the victim’s company, by registered mail.”

Accordingly, the defendant has damaged the honor of the victim by openly pointing out the fact that the victim is accused of a complaint and is under trial.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Simple bags and contents;