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(영문) 서울동부지방법원 2017.01.18 2015고단1137

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is the resident of Seongdong-gu Seoul Metropolitan Government J apartment (hereinafter “instant apartment”).

A. On September 6, 2014, at around 08:20, the Defendant damaged the said victim’s property by leaving the banner with the phrase “permission for the act of changing the individual heating system permitted by the Sungdong-gu office”, which was installed in the steel fence at the place where the representative meeting of the occupants of the instant apartment was located as the damaged party in the street between 109 and 103 of the said apartment building.

B. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) (Defamation) Defendant is affiliated with one another’s collective assault 106-dong representative as of September 30, 2014 using one’s Pest North Korea on September 30, 2014.

Two of the parties recommended to use violences (the president of all women's association, the representative of the Dong and the representative of the residents' association) so that the neighbors who paid heating costs have committed a collective assault.

Each posted a letter "...."

However, the victim K has paid heating costs normally, and on the 12th day of the same month, the victim K incurred only assault by the defendant in the second floor conference room in the building of the above apartment management office. There was no collective assault against the defendant.

Accordingly, the Defendant posted a false fact openly through the information and communications network with the aim of slandering the Victim K, thereby impairing the honor of the victim.

2. The Defendant is a resident of the instant apartment 101 unit, and the victim L is a resident of the same apartment 103 unit.

A. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) thereby impairing the reputation of the victim by disclosing any false fact via an information and communications network on a total of two occasions, with a view to slandering the victim’s L with an intention to defame the victim’s L, as follows.

1) The Defendant’s cell phones around September 14, 2014.