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(영문) 서울동부지방법원 2019.02.14 2018고단4163

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2018, the Defendant connected the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government with the clinic of “D” to the “D”, and posted the victim’s face photograph on the above hosting bulletin board as if the victim found a man who will engage in sexual traffic, thereby impairing the victim’s reputation by revealing publicly false facts through an information and communications network, with the intention of slandering the Defendant, by posting a letter “F. It is necessary to punish a person who has the ability to communicate with the above sound blocking, who has no money, and who has the ability to contact with the university.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes, such as a sign language closure photograph;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The act of posting pictures and letters with the contents that many people view to engage in sexual traffic for economic benefits is not good to the nature of the crime; the victim seems to have great mental harm caused by the defendant's act: one's mistake is divided and reflected; the defendant's age, character and behavior, motive, means and consequence of the crime; and the sentencing conditions indicated in the arguments, such as the circumstances after the crime, shall be considered.