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(영문) 수원지방법원 평택지원 2016.03.25 2015고정607

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. Defamation 1) The Defendant: (a) around May 11, 2014, the Defendant: (b) was in Ansan-si C, and (c) did not intend to transfer the real estate owned by the F clan to an individual’s name and sell it to another person; (d) notwithstanding the fact that the victim E intended to sell it, the Defendant would sell the F clan land by registering the ownership of the F clan in the name of 30 members of the F clan upon inheritance of the individual.

“...”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2) On August 24, 2014, the Defendant: “H restaurant located in Ansan-si G on August 24, 2014; the fact is that the Victim E transferred the real estate owned by the F clan to an individual’s name and intended to sell it to another person, despite the absence of the fact that the victim E intended to sell it, E wishes to sell the clan land in the name of 30 members of the F clan.

Therefore, the proposal was made.

E is a mental patient.

“.....”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. In light of the fact that the Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation) around May 2014, the Defendant knew about the fact that the victim E intended to transfer the real estate owned by the F clan to an individual’s name and sold it to another person, despite the fact that the victim E attempted to sell the real estate owned by the F clan to the said clan to a third person, and spread the real estate owned by the F clan to the above members of the F clan by using his mobile phone for the purpose of slandering the victim’s defamation, the Defendant knows about the following 30 members of the above clan by using his/her mobile phone for the purpose of selling it to the above members of the F clan, and even that he/she walked to sell it to the 30 members of the above clan, who have become aware of the victim’s behavior.

The main time of recording is to make conversations or conversations with them.

In addition, the fact is known to the author, and the principal time is opened.

It seems that this refers to the property of a mentally handicapped person.