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(영문) 창원지방법원 통영지원 2018.11.14 2018고단3
출판물에의한명예훼손등
Text

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

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

Reasons

Punishment of the crime

The defendant is a publisher and editor in the subparagraph C of building B in Yeongdeungpo-gu Seoul Metropolitan Government, and a reporter who publishes articles in F, G, etc.

On May 2, 2017, the Defendant posted a false article on May 12:27, 2017, stating that, for the purpose of slandering the victim I residing in Gyeongnam-gun H, the CCTV did not close the farm road, and the victim did not take the gate up to the J’s house. The victim posted a false article on May 2, 201, stating that “K was closed to the farm road owned by the owner of the electric source house,” and the CCTV was closed to the farm road owned by the owner of the electric source house, and photographs up to that point.” From May 2, 2017 to June 4, 2017, the Defendant posted a false article on the list of crimes, including the list of crimes in the attached Table, to the effect that the victim did not have installed the gate up to the 8th page of the F site.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of I;

1. A copy of the F Articles (No. 12:27 on May 2, 2017), a copy of G Articles (No. 14:01 on May 5, 2017), a copy of G Articles (No. 15:56 on June 4, 2017), a copy of G Articles (No. 16:46 on June 4, 2017), five copies of articles, and three copies of articles;

1. Two copies of a photograph;

1. A criminal investigation report (in relation to articles, and attaching photographs for on-site confirmation);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to Internet guidance);

1. Article 70(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the point of publicly alleging the facts using the information and communications network), Article 70(2) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (the point of publicly alleging the false facts using the information and communications network), Articles 309(2) and 307(2) of the Criminal Act (the point of publicly expressing the false facts using the published information) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50 of the Criminal Act, and Article 53 and Article 55 (1) 3 of the Criminal Act, respectively;

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

1. The order of provisional payment;

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