정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
From December 27, 2007 to October 31, 2012, the victim D operated the "F Child Care Center" located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and worked as the head of the above child care center.
1. On September 18, 2012, the Defendant, on the Internet (hereinafter “G”), entered a false statement with the following title “H”, “F, the president of Seongbuk-gu Office changed to his superior position, and grant a prize to his senior year without any reason and explanation,” “to enable him to contact the president of the place where he moved to the former so that he may give any disadvantage to him by not later than 11:12,00,000,” and “on the part of the latter (the long-term parents) to have him receive a wrap by not later than 11:12,00,000,” and “the long-term teacher’s benefits will be supported by the State with 100%.”
2. 피고인은 2012. 10. 16. 16:34경 피해자를 비방할 목적으로 인터넷 다음 ‘G’ 카페에 “I”라는 제목으로, “혹시..서울시의장 빽 믿을까요 ”라는 내용의 허위 사실이 기재된 글을 등재하였다.
As a result, the Defendant, through information and communication network, disclosed false information to the public, thereby impairing the honor of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and J;
1. On the Internet page of the Defendant’s writing, and a reply to the Defendant’s civil petition;
1. Issues of investigation report (related to e-mail attached data), e-mail screen, and F;
1. The working status register of teachers in long-term childcare facilities;
1. Application of Acts and subordinate statutes of the Seongbuk-gu Public Service Review Resolution (the Family Welfare and Person in charge of the affairs in Seongbuk-gu Office), the delivery of relevant data according to investigation cooperation, civil petition documents, K Official Commendation Plan, request for official examination, public protocol, and written resolution on exemplary citizens
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. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;