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(영문) 부산지방법원 2017.04.19 2016고단8394

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

From May 26, 2016 to the same year, the Defendant is a personal journalist.

6. By 30.30., the victim E was demoted to the defendant while serving as a director of the Association, who is a “C Association’s qualification course,” a “D general instructor class 2.”

No person shall conceal any false information openly through an information and communications network with intent to defame any other person, thereby impairing the honor of any other person.

피고인은 피해자의 인스타 그램 계정 (F )에 2016. 8. 19. 12:44 경 아이디 ‘G’ 을 사용하여 “ 와~~ 대 박!!! 쌤!!! 원래 협회 뒤통수 치신 거에요 어쩐지 ~~ 수업시간에 이런저런 거 물어보시더니 협회 낼려고 그러신 거구나 괜찮은 거에요 민간 자격증 등록도 안하시고 수업하시면 불법 아닌가요 ” 라는 댓 글을 게시하였다.

However, in fact, the victim was not engaged in illegal activities by obtaining lectures from the C Association, and 8 qualification certificates such as H and D were acquired.

Ultimately, with the aim of slandering the victim, the Defendant posted a false fact openly through an information and communications network four times, such as the list of crimes attached to the same day, and damaged the honor of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A petition for complaint and accompanying documents;

1. Application of Acts and subordinate statutes by cutting down the Kakao Stockholm conversation content;

1. Article 70 (2) of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, Etc. concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;