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(영문) 대구지방법원 2020.05.06 2019고정992

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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

On January 7, 2018, at around 12:15, the Defendant, using a mobile phone at the Defendant’s residence in Daegu-gu, Daegu-gu, posted a victim C (hereinafter referred to as 27 years of age)’s face pictures, etc., on the bulletin board of the Social Network Services (SNS) D “E” account, the Defendant made false statements at all times, not those living in daily life, and made a false statement at the time when there exists a person who has been raped halogs himself. In this context, the Defendant made a false statement, “I swear, hing, and make a false statement.”

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through information and communication network with a view to slandering the person.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;