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(영문) 서울중앙지방법원 2010.12.09 2010고정3046

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:00 on October 10, 2009, the Defendant entered the content that “I would have suffered from fraud in E” as the title that “I would have received information on damage caused by the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime.”

In addition, from around that time to November 15, 2009, the Defendant had access to the Internet Carbook and Blouses for 10 times as shown in the annexed Crime List, and entered false information.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The police statement concerning G;

1. Evidential materials of a complaint case;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. The Defendant asserts that the illegality should be avoided since his act is a true fact and for the public interest.

However, as long as the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) is recognized by a statement of false facts against the defendant, Article 310 of the Criminal Act on the elimination of illegality is not applicable, and the above assertion is rejected.