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(영문) 울산지방법원 2015.09.17 2015고정1159

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On September 2014, the first Defendant posted a statement to the effect that, for the purpose of slandering victim D in the PC room located in Ulsan-gu, Ulsan-gu, Seoul, the Internet E-building website, stating that “The right holder of the E church and the F representative D, who was a member of the F Council, made intimidation that he/she would have a child more than his/her own consciousness, and made several sexual assaults from the kindergarten.”

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.

2. On September 2014, the second Defendant posted a letter to the same effect as the preceding paragraph on the bulletin board of “Kakaook” using his smartphone for the purpose of slandering the victim D at the Defendant’s home located in Ulsan-gu, Ulsan-gu. Seoul.

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 of each police statement regarding D;

1. Application of the Acts and subordinate statutes to a complaint and an additional complaint;

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 facts constituting an offense;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of suspended sentence (The confession and rebuttal of a crime by the defendant, the defendant's motive and circumstance leading to the crime in this case are considered, and the sentencing conditions, etc. as prescribed in Article 51 of the Criminal Act are considered);