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(영문) 광주지방법원 순천지원 2015.09.10 2015고단522

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant, who is in office as the head of the Ciplomatic Association, went to leave the church due to the dispute with the victim while the victim D was attending the Eiplomatic Association which was a pastor.

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

Nevertheless, the Defendant, who had a good appraisal, sent the text messages to 368 members of the Nogby using his handphones from October 22, 2014 to October 27, 2014, for the purpose of making the said victim not elected in the election by listening to the novel that the said victim goes out of the F general meeting and goes out of the G election. From October 17 to October 33, 2014 to October 27, 208: (a) the Defendant sent the text messages to 368 members of the Nogby using his handphones to 368.

Accordingly, the Defendant, through the information and communications network, revealed publicly false facts, thereby impairing the honor of the above victim.

Summary of Evidence

1. Defendant’s partial statement (a statement to the effect that the Defendant sent text messages as indicated in the judgment of the Defendant: Provided, That the Defendant asserts to the effect that illegality is excluded since the above content was transmitted for public interest due to true facts);

1. Each legal statement of witness D, H and I;

1. The prosecutor's statement concerning H;

1. Each police statement made to D, H and I;

1. Written complaint, supplement of complaint and written petition;

1. Investigation report (Submission of a copy of a letter of correspondence of a suspect) - Application of the Acts and subordinate statutes;

1. Article 70 (2) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts, and the choice of imprisonment;

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

1. The costs of lawsuit;