정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
Victims C and the Defendant are students belonging to the Department of Culture and Arts of D University, consisting of ten persons, including them, and a master group for three years, using the Kakao Stockholm conference.
On January 22, 2018, the Defendant: (a) around 20:08, and the fact that the victim did not pay a three-year membership fee, Nam-gu E 106 Do 301, Nam-gu, Nam-gu, Nam-gu, 2018; (b) however, there was a person who used a mobile phone for the purpose of slandering the victim “all of the students have faithfully paid a membership fee for the last three years.”
This is directly C.
Such human beings should be withdrawn from our posters.
“The notice posted a false statement.”
Accordingly, the defendant has damaged the reputation of the victim by openly exposing false facts through the information and communication network with a view to slandering the victim.
Summary of Evidence
1. The legal statement of the witness C;
1. Statement made by the police against C;
1. The judgment as to the assertion by the defendant and his defense counsel by the defendant and his defense counsel by cutting down the Kakao Stockholm conference room members of the Kakao Stockholm and cutting down the Defendant’s Kakao Stockholm.
1. The summary of the assertion is that the expression “the victim almost did not pay the membership fee between three years” was true and that there was a need to inform the general interests of the members of the posters gathering, so it is an act for the public interest in the operation of the posters gathering, and thus, illegality is excluded.
2. Article 310 of the Criminal Act concerning the denial of illegality cannot be applied to defamation or false factual defamation through an information and communications network that is recognized as the purpose of slandering judgment (see, e.g., Supreme Court Decision 2003Do601, 2003Da9, May 16, 2003). The following circumstances, which can be recognized by the aforementioned evidence duly adopted and investigated by the court, are, namely, payment by the victim for a total of six years between three years and six years.