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(영문) 광주지방법원 2019.09.19 2019고정668

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of one 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 uses a DNA ‘P' at H, a transaction site of used goods on the Internet.

On March 13, 2019, the Defendant written a statement on the part of the victim Q Q and the cellular phone transaction, which stated the Defendant’s statement to the effect that, although there was no fact of fraud caused by the victim due to the reason that the fraud was caused during the conversation, the Defendant sent out the comments to the effect that “the need to send out the goods outside the wall of sama and sama” was changed from the victim’s fraud.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Application of the Acts and subordinate statutes to closure data of H notice language;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;