정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
The defendant is the user of the Internet B'C' broadcast ‘D' (ID E).
1. Around December 21, 2017, the Defendant, who violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (False Defamation) damaged the reputation of the victim by making a false fact open to the public through an information and communications network for the purpose of slandering twice as shown in the annexed crime list (A), by accessing “C” broadcasting organizations in his/her own residence located in the Busan East-gu Busan Metropolitan City F, thereby referring to “G” broadcasting organizations within “G” to the victim’s undisclosed meeting, such as posting “G” to the husband’s her husband’s away from the husband.
2. 모욕 피고인은 2017. 12. 5. 21:30 경 전‘ 가’ 항과 자신의 주거지에서 B 내 'C' 방송 단체 채팅 방에 접속하여 피해자의 닉네임 ‘G ’를 상대로 “ 개 음탕 짓 함짓 H에서 질러 놓고 ㅋㅋㅋㅋ ”라고 게시하는 등 별지 범죄 일람표( 나) 와 같이 총 10회에 걸쳐 공연히 피해자를 모욕하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to I by the police;
1. Data reflecting the contents of conversation [ insofar as the defendant posted the victim's words on the Internet without any ground after finding out the victim's words, it constitutes defamation, and the defendant's act constitutes a crime of insult in light of the method and contents of the expression in the attached list of crimes (b).]
Application of Statutes
1. Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (a false fact-finding defamation), Article 311 of the Criminal Act, and the selection of a fine for a crime;
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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.