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(영문) 광주지방법원 순천지원 2018.08.31 2017고정186

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a pastor and is a friendly person of the victim B.

No one shall distribute any information with a content that defames another person by disclosing any false fact openly with intent to defame the person through an information and communications network.

Nevertheless, on October 1, 2016, the defendant, using the church computer in D church office in D church office in D church office in D church as of October 1, 2016, called "the church is obtained by this day", and "B house building" did not go against our members, and then left the church and public association and research institute with a disturbance of KRW 14 million from the members.

"The honor of the victim was damaged by pointing out false facts with the content of "."

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each certificate of F, G, and H;

1. Recording notes of the Busan High Court;

1. Data concerning the closure of the church website and the closure of the sign language;

1. Copies of the written agreement;

1. The civil ( Busan High Court 2015Na 56697) text and civil (2016Da245784) text and civil (2016Da245784) text of the judgment [the part of the judgment of the court below (hereinafter referred to as the “instant text”) stating that “the Defendant sent a disturbance against the party who caused the damage against the party who caused the damage,” as stated in the D church website E, is a negative assessment of the victim’s act.

In addition, since the meaning of the word in advance and the meaning of the word in this case should be grasped by the general public’s average perception, the phrase “the injured person has taken 14 million won from the members of the society” in this case is deemed to be a person who has committed a crime or a tort.

Thus, the defendant has damaged the reputation of the victim by publicly expressing specific facts sufficient to undermine the social evaluation of the victim or the social value of the victim.

2. The ground for appeal pointing this out