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(영문) 대구지방법원 2011.05.11 2011고정620

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

1. Around 00:45 on June 5, 2009, the Defendant posted on the PC located in Nam-gu, Daegu-gu, 2009, the title “C” (D) on the Internet next website C free debate bulletin board, and “E professor List of the current professors related to the former E Foundation - President of the E Foundation - President of the E Foundation and President of the current F Research Institute - President of the G Research Institute - President of the G Research Institute - President of the G Research Institute - President of the G Institute in Japan - professor of the Jeondo of the colonial modern theory of the GI professor J Professor Professor KK L L - N substitute claim in the MBC white division on September 2, 2004: O (legal department), P (administrative department) and P (Administrative department).”

However, the victimO is not E members, but the defendant's writing was false.

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.

2. On June 5, 2009, around 12:27:27, the Defendant posted a notice on the following website C debate - on multiple bulletin boards C as “National E-Professor at University at University”, and “ Q: R (L) : R (L) : R (L) : P (Law Department) : P (Administrative Department).”

However, the victims were not E members and the accused's writing were false.

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. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of theO;

1. A complaint;

1. A report on investigation (around 29 pages of investigation records);

1. Requests for the provision of communications data;

1. Application of photographic Acts and subordinate statutes on the Internet screen closure;

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

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

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

1. The Criminal Procedure Act;