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(영문) 서울동부지방법원 2018.05.08 2018고정208

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around August 19, 2017, the Defendant was provided medical treatment with G women by April 6, 2016, but did not discover the brain of a fetus at the victim E’s house located in Seongdong-gu Seoul Metropolitan Government, and posted on the “F” bulletin board.

“W........... the Kabfin’s name was posted by a person whose name the Kafin was not known.”

The title " shall be reported," and "Woman" shall be required to do so.

“Written comments on comments” were posted.

However, in fact, the victim received consolation money on the ground that the victim did not discover the brain type of the fetus from the above father and the president, and the victim did not intentionally receive treatment from the above father and the above father while knowing that the content of the article posted is blick or that the victim was at issue in order to receive the agreed amount.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as photograph, birth certificate, death certificate, and agreement by cutting off the NAV comments comments;

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting a crime and the selection of a fine;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which have no record of criminal punishment against the defendant, the victim’s damage, as well as the space where the above article was posted, have a very significant amount of spread, such as the background of the instant case, shall be determined by taking into account the sentencing conditions as indicated in the instant trial.