beta
(영문) 대구지방법원 서부지원 2017.05.19 2016고정1124

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is not suitable for appraisal due to the relationship between the victim C, the case, and the litigation in the course of self-business.

On July 3, 2016, the Defendant posted two times the comments on the article “H” as an engineer on July 1, 2016, using the title “H”, “I”, “J”, and “Th owns 20 billion won by way of window dressing accounting.”

In addition, on July 12, 2016, the Defendant, using the article “K” reported on the same F website, posted the comments on “C” on one hand, “C is a human being engaged in Myeon and is a human being with a astronomical wheels,” using the said article, thereby impairing the reputation of the victim through an information and communications network as above, with the purpose of slandering the total three times via an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning the report of investigation (specific suspect);

1. Article 70 (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and Selection of a fine 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;