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(영문) 서울남부지방법원 2014.4.7.선고 2014고정424 판결

정보통신망이용촉진및정보보호등에관한법률위반·(명예훼손),모욕

Cases

Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., 2014

(Defamation) Defamation. Defamation.

Defendant

○○ (00000 - 000000) - Duty-free

Housing Gangseo-gu Seoul Metropolitan Government Dualro 54-ro 0

Reference domicile Yeongdeungpo-gu Seoul Metropolitan Government Dogdong 0

Prosecutor

Kim Hero (Lawsuits) and Gambi (Trial)

Defense Counsel

Attorney Park Jong-il (Korean National Assembly Line)

Imposition of Judgment

April 7, 2014

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal History Office

1. Violation of Act on Promotion of Information and Communications Network Utilization and Information;

A. On January 16, 2009, at around 20:42, the Defendant accessed the Internet site of the ○○○ Union (www.O.O.or. kr) and damaged the reputation of the victim by revealing publicly false facts through an information and communications network for the purpose of slandering the public by preparing and posting a letter "No. ○○○ Son-Son-Son-son-son-son-son-son-son-son-son-sonon-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son-son

B. On November 28, 2010: around 36, 2010: (a) the Defendant was approaching the above site, and even if the victim did not walked with a sexual disease, “○○○○ Sheet (e.g., fatt with a fatt; hereinafter the same shall apply)” in the text of the title “Fatch with a fatch with a fatch with a fatch with a fatch with a fatch with a single fatch with a single fatch with a single fatch with a single fatch with a single fatch with an identical fatch with a single fatch with a single fatch with a single fatch with a view to making it difficult for the Defendant to fatd with a single fatch with a single fatch with a single fatch with a view to making it difficult for fatching and fating the victim to fatd.

C. On May 9, 2011: around 33, 201, the Defendant: (a) had access to the above website; (b) did not go to the victim’s sexual disease; or (c) had the victim’s wife and the problem with the victim’s wife, the Defendant: (a) stated that “the face to go through Paris and go to the Paris book, and the face to go to the view of the Cho ○-○; and (b) was widely informed to foreign women of the contents of the matched with the Tromotoma and the fighting to the foreign women, thereby impairing the victim’s reputation by revealing any false fact openly through an information and communications network to defame the people.

라. 피고인은 2011. 8. 31. 05 : 12경 위 사이트에 사실은 피해자가 성병에 걸린 적이 없음에도 " 빤스당, 간통당, 매독당만들어라, 개먹새끼들아 ! " 라는 제목 하에 " 매독에 걸려서 지 마무라 김○○에게 매독을 옮겨서 난리가 나자, 야훼의 능력으로 매독을 고친 것이 아니라, 병원으로 달려가서 매독을 고친 사기꾼 중의 최고 사기꾼 ○○ 목사놈. .. "이라는 글을 작성, 게시하여 사람을 비방할 목적으로 정보통신망을 통하여 공공연하게 거짓의 사실을 드러내어 피해자의 명예를 훼손하였다 .

2. Definating;

A. On December 31, 2010: (a) around 07:03, the Defendant connected to the above site and “in relation to the brain sinkin’s disease, the Defendant made and posted a letter “in response to why he was suffering from sinkin’s disease” under the title of “Iskin’s disease.”

B. On March 14, 2011, at around 44:4, the Defendant access to the above site and “Once you take the floor of NAP PPP voting on the NA PP PP PPP,” and “Once you take part in the speaking of NAPPPPP, NAPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to ○○○ by the police;

1. Complaint;

1. Application of the Acts and subordinate statutes governing slandered posts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. ( point of defamation), Article 311 of the Criminal Act ( point of insult in each case), and selection of each fine.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act shall be determined by taking into consideration all the circumstances, such as the deletion of all the posted materials in this case and the fact that the defendant has no record of punishment except for a fine once.

Judges

Judges Lee Jae-eng