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(영문) 울산지방법원 2016.01.28 2015고단780

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2013, the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) as the title “D’s accusation against D’s E-U.S. on the bulletin board of the C website” (hereinafter “D’s accusation”).

E.C., which was entered into D on May 1, 2012, has already been withdrawn from D due to a sc. D's failure in the family of men known to D while working in the foregoing house before entering D's members.

There are still descriptions of the photographs of the members of the Korean musical group.

The request for confirmation is rare.

“” posted a letter.

However, there was no fact that the victim E had failed to break the family of another male and has been withdrawn from D.

Nevertheless, the defendant also posted a letter containing false facts on the Internet, and the same year from that time.

3. From 17. 00:11 up to 17. 00:11, the victim’s reputation was damaged by openly exposing false facts through an information and communications network with an intention to defame the victim at least six times in total, as indicated in the list of offenses in the annexed crime.

2. The Defendant, on July 2014, committed defamation: (a) although the victim E did not have a relationship with F, the former husband of the Defendant, the Defendant, even though having not established a relationship with F, the former husband of the Defendant; (b) fabricated the victim’s photograph by attaching the victim’s photograph to F, suggesting that the victim had a relationship with F, thereby engaging in the victim’s activity.

D sent by mail to members G, thereby impairing the honor of the victim by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of E and F;

1. Statement made by the police for E;

1. Transmission of the investigation instruction, request for cooperation in investigation, response to request for cooperation in investigation, and details of cooperation in investigation;

1. Each investigation report (in response to a request for cooperation withC investigation, accompanying documents, such as a criminal suspect A family relationship certificate, etc., a search and seizure verification warrant is executed under Article 2014-309, telephone conversations in a person in charge of C free bulletin board), submission of evidentiary materials;

1. The defendant and his defense counsel's assertion of each fact-finding inquiry is determined.