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(영문) 서울서부지방법원 2017.11.01 2016고단3627

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 12, 2016, the Defendant, using Internet computers installed at the domicile of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, damaged the honor of the victim E by pointing out facts with the purpose of slandering, such as preparing the same as the one of the crimes table 1 and 2 in attached Form 4, etc., and by pointing out false facts with the purpose of slandering, such as preparing the same as the list 3 and 4 in attached Form 4.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. The legal statement of witness F and G in part;

1. A protocol concerning the examination of the police officers of the accused;

1. Letters of each pagebook North Korea and comments on comments;

1. Application of Acts and subordinate statutes to letter copies;

1. Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (the fact of defamation of false facts and the crime listed in attached Tables 3 and 4), Article 70(1) (the fact of defamation of facts, and crimes listed in attached Tables 1 and 2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts, and the selection of fines, respectively;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. The crime of this case committed under Article 334(1) of the Criminal Procedure Act with the sentencing of Article 334(1) of the Criminal Procedure Act is an injury to the reputation by pointing out facts or false facts for the purpose of slandering the victim through the Internet media with high radio wave.

With respect to the relationship with the defendant, there is a great deal of shores where the victim suffered from the defendant in vain.

In light of the fact that the contents expressed through the posting of this case concerning the victim who had already been married and had never been exchanged at any time after the 10-year period, as well as the fact that the victim’s insults the victim as a human being in a fluort distance, and that the degree of defamation of the victim is large, and that the victim did not reach an agreement with the victim, the liability for the crime is not easy.

(b).