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(영문) 인천지방법원 부천지원 2014.11.27 2014고정1378

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

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

Reasons

Punishment of the crime

On August 14, 2014, at around 14:31, the Defendant posted a photograph of the victim B and his family in front of the front line operated in Seoul Station, and then posted a photograph of the victim B and their family in front of the elderly and the pregnant woman protection seat, and then, on the Internet page, the Defendant posted a photograph of the above, “The Defendant shall have a sound, game, sit, and no sound and sound, of the family members of the elderly and the pregnant woman with disabilities who are seated at the seat of the protection of the elderly and the pregnant woman with disabilities.”

Accordingly, the defendant has damaged the reputation of a person by divulging facts openly through information and communication networks with a view to defameing the person.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the head of a complaint, photographs and paintings posted on Pests North Korea, writing, and investigation reports (lists of conversations submitted by suspects);

1. Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The alleged Defendant was unaware of whether the instant crime was committed.

2. Article 16 of the Criminal Act provides that "the act of the defendant's act of misunderstanding that it does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there is a justifiable ground for misunderstanding." It does not mean a simple legal site, but it means that it shall not be punishable if there is a justifiable ground for misunderstanding, recognizing that it is a general crime but it does not constitute a crime that is permitted by Acts and subordinate statutes in one's special circumstances. The circumstance of the defendant's assertion is merely the site of the law, and it does not constitute a mistake under the above provision, and therefore the defendant's assertion is justified.