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(영문) 인천지방법원 2012.12.28 2012고정4801

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From around 20:30 to 21:10 on September 28, 201, the Defendant connected the Defendant’s house located in Incheon Bupyeong-gu B 203 using the Defendant’s smartphone to “lost-gu Liberco”, and among which, using the Defendant’s smartphone, used as the clinic “C” on the bulletin board of Nata VS S Pulp Pulse market, the Defendant began to write down “D,” “I wishing to take another person’s bath against the Victim E,” and Defendant also written a malicious writing on “F.” As such, the Defendant written “F,” “F,” stating that I will only do so, with the intent to defame the victim, the victim’s share value or punishment, and the Defendant’s body part-time farcium is sold.

지자식 이름 걸고 도박해서 그 돈으로 장난감 사주겠다는데 누가 말려 돈 마니 따라 F애비야. F애비가 지마누라 강..간해서 태어난 게 Fㅋㅋ 근대 F도 나한테 강..간당함ㅠ'라는 등의 허위사실의 글을 게재하였다.

Accordingly, the Defendant made public false information openly using the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written petition;

1. Application of Acts and subordinate statutes governing evidence photographs;

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

1. Articles 70 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;