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(영문) 서울남부지방법원 2016.08.30 2016고정1276

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On May 3, 2014, around May 3, 2014, the Defendant used a computer installed in the office of the KHA located in Guro-gu Seoul Metropolitan Government 103 Dong Dong-gu, 2506, for the purpose of explaining and selling insurance mobile phones, health foods, etc. to NAV C by accessing NAV to D.

Ro-TC Don Don Don Don Don.

In order to eradicate the speculation, “AFE”, “E”, and “I will publish the EMM Duz.

“E, who want to become the ROTC, but was found to fall short of the grade, posted a letter stating that “E would have impaired the ability to respond to the ROTC East and thus have his or her language training for the post-fash of the ROTC East literature, which is now being sold by insurance, mobile phones, and health food, so far as he or she sells insurance, cell phone, or health food.”

2. On May 15, 2014, the Defendant, who committed a crime around May 15, 2014, connects NAV C with the ID of “F” at the above place, with the title of “G”, and arranged the E Azccom P.

1. The Order of Southern Typian Dob;

2. A member who has special character in a field, at the shop and adjacent to the new world.

A notice stating “.......”

Accordingly, the defendant has damaged the reputation of the victim by pointing out false facts on the information and communication network with the aim of slandering the victim H.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

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

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;