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(영문) 울산지방법원 2015.08.28 2015고정981

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 20, 2014, the Defendant: (a) around 2005, as the victim E (here, 36 years of age) was a psychiatrist with a mental and medical doctor at around 2005, and (b) provided the victim with no basis for treatment; (c) provided the victim with a view to harming him/her even if he/she received a loan, or forced him/her to receive treatment; (d) provided access to the Internet F site’s free bulletin board by using his/her computer to “G” for the purpose of slandering him/her; (e) provided that he/she was unable to embling and embling patients without any basis without infringing on the human rights of patients at other hospitals; (e) provided medical care extension without understanding the patient’s home condition; and (e) forcedly provided the victim E to receive a loan; and (e) provided the victim’s 10th day of this article on the Internet bulletin board, and (e) provided that he/she provided the victim with a false online message or 24th day of this content.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through information and communication network three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Posting comments on the H website (health counseling and Onnuri counseling);

1. A photograph by cutting down the F freely bulletin board;

1. Application of photographic Acts and subordinate statutes by cutting down the I freely bulletin board;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and the Selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.