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(영문) 창원지방법원 통영지원 2020.02.04 2019고정296

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is between the victim B and the victim.

On July 19, 2019, the Defendant posted the comments on the Internet E-F website by accessing the Internet E-F website through a mobile phone at his/her own house located in C Apartment on July 19, 2019, and on the bulletin “humma, where he/she is aware of a large number of children,” which was posted at that site, and on the bulletin “humma, where he/she is aware of a large number of children’s descendants,” and on the part of a large number of unspecified people, he/she refers to the victims, and “hump (bast) still cut off, it is well known that he/she is doing sexual traffic and enters Seoul, and it is well known that he/she will do so.”

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.

On July 21, 2019, the Defendant posted the Internet E-mail notice, “I am more comfortable than mentioning that I am hye (comfort) and sexual traffic will be seen as a protruding distance,” using a cellular phone at the place indicated in Paragraph 1 of Article 2019.

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. The police statement concerning B;

1. Investigation report (a friendship statement and accompanying documents of employment);

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is thought to have first been insulting by the victim, and thus, the Defendant committed the instant crime.