beta
(영문) 대구지방법원 김천지원 2015.10.21 2015고정341

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On December 15, 2014, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) posted an article to the title “C” on the Internet Daegu Bank website (htp:/www. dgb.co. Ltd.)’s bulletin board of the customer of electronic civil petitions on the Internet homepage on December 15, 2014. The Defendant posted a false letter “C” on the victim D, despite the fact that he/she had no record of the card-holder or received cash at the restaurant, he/she is going to enter the card-holder or going. Although he/she had no fact of receiving cash at the restaurant, he/she is going to go in the nearby restaurant. There is no fact that he/she is going to run in a nearby restaurant, and there is only a fact that he/she is going to go in the card-holder’s seat or going in the nearby restaurant.

Accordingly, the defendant has damaged the honor of the victim by pointing out false facts in a public performance via information and communication network with the aim of slandering the victim.

B. Around December 15, 2014, the Defendant expressed the victim’s title “E” on the Internet website customer’s verbal bulletin board as indicated in the foregoing Paragraph (1) and inserted the phrase “E” on the following grounds: (a) the Defendant’s assertion on the use of the private teaching institute without permission is deemed to be a food, such as a private teaching institute or a private teaching institute with the Gu and the Gu; (b) from December 12, 2014, the Defendant expressed the victim’s title “E.”

Accordingly, the defendant openly insultingd the victim.

2. According to the evidence duly admitted and examined by this court, the fact that the Defendant posted an opinion to the same effect as the instant facts charged on the Internet Daegu Bank website (htp:/www.dgb.co.C.D) on the bulletin board of the customer’s horse, is recognized.

However, Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. reveals false information openly through information and communications networks with intent to defame people.