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(영문) 대전지방법원 2013.08.22 2013고정902

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 07:02 on December 5, 2012, the Defendant: (a) accessed the Internet medium-day website using a computer located at the same place; and (b) using the title “F” on the article of “F” posted on D, the Defendant sent the following: (c) G, H, I, K, K, L, M,O, P, Q, Q, R, S, and D body at the level of Negie. Along with all the time. Along with this, the Defendant’s life-based Albama and Ebama, sent it to the article of “F”, and then posted it to the article of “E Center’s internal conflict.”

However, in fact, the victim T, who is an employee of the E Center, did not give comments on the article as so-called "alb" upon the consent of the E Center.

As such, the Defendant revealed publicly false information through an information and communications network to defame the victim, thereby impairing the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness T or U;

1. Details of the relevant articles and the application of the statutes governing comments;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., concerning criminal facts, and selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel are doubtful questions as to whether the "P" written by the defendant in writing is specified to the extent that it can be possible to know whether the defendant refers to the victim T, and some comments on the above article in writing are considered to have taken the above Center's apology and put the comments on the above behavior, and the defendant and the defense counsel have prepared the comments on the same contents as the entries in the facts charged of this case.