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(영문) 대전지방법원 2013.11.15 2013고정1002

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 28, 2012, the Defendant had access to the Internet in Seo-gu, Daejeon, Seo-gu, Daejeon. “D himself/herself has suffered from suffering from her mental disorder recognized by the D himself/herself.” On the premise of marriage, D is a person who has been married for more than one year. D was fluencing and threatened with a shot X and T-X in a way that he/she was unable to brucated. B was hing in a kitchen and a kitchen, and the Defendant died of his/her defect that he/she did not refuse to die. At the same time, the Defendant was flucing the knife in the front eye and knife the knife of his/her left hand in the front knife, and eventually, knifeed on the knife. When her middle school, he/she sent his/her Internet message to many and unspecified parents, such as the victim’s message.”

However, the victim did not have committed an act or attempted to commit suicide with a knife or with a knife as above. However, the defendant had damaged the victim's reputation by openly exposing false facts through an information and communications network for the purpose of slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the examination of a witness regarding D;

1. Application of Acts and subordinate statutes on the screen screen by cutting down the Facebook;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime and Article 70 of the same Act;

1. Articles 70 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 was that the defendant was the first offender and reflected, and the fact that the defendant committed the crime in a state of physical and mental address in relation to the victim.