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(영문) 전주지방법원 2015.05.27 2015고정159

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a member of the CF association in Kim Jong-si, and the victim D is an auditor of the above association.

On May 4, 2014, the Defendant: E, F, etc. residing in the same page using a mobile phone at the end of Kim Jong-si B, 2014; and the fact that the executive officers of the above union, including the victim, have not stolen or stolen the property of the union members, the Defendant submitted a written complaint to the prosecution due to the head of the regional police, and the opinion of suspicion that the police has not submitted to the prosecution is anticipated. It is difficult to say that it is a suspicion of theft of the union members’ property while stolen and stolen the property of the union members, and that of the union members with such executive officers. The case of accusation was sent to the prosecution at the end of the last week after the preliminary investigation of the police, and thus, I expect a proper investigation and judgment from now."

Accordingly, the Defendant, with the aim of slandering as above, destroyed the reputation of the victim by divulging public false information via information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E, and F

1. Article 2 of the Addenda to the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 12681, May 28, 2014); Article 70 (2) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 12681, May 28, 2014);

2. A fine not exceeding 300,000 won to be suspended;

3. Articles 70 and 69(2) (one hundred thousand won per day) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014).

4. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1488, Apr. 2, 2006)