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(영문) 의정부지방법원 2017.08.10 2016고정1212
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is in a charitable relationship with the victim C.

On October 22, 2014, at a place where it is impossible to identify the place on or around October 22, 2014, the Defendant: (a) as to the fact that the complainant informed the Defendant of the divorce of the divorce of the Defendant to the son; and (b) as to the fact that the injured party informed the son of the fact that the son was the subject of the gift, the homicide

“The Republic of Korea, which is Sluri-gu Sluri-gu Sluri Sluri-gu Sluri-Slun Korea” has damaged the reputation of the Defendant through an information and communications network by preparing a notice for the purpose of making it possible to determine the victim as the homicide, such as the list of crimes committed in the attached Form.

Summary of Evidence

1. The legal statement of the witness C;

1. Some statements made against the defendant during the police interrogation protocol;

1. Notice on the D website, e-mail, a notice posted on an Arabic, a Kakao stong, a copy of intra-company e-mail related to D New Fran website, and a guidance on the receipt of the following customer center;

1. Application of the Acts and subordinate statutes to the Kakao Stockholm messages

1. Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and the Punishment Therefor;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the crime Nos. 1 and 3 of the crime sight table

A. The summary of the argument did not directly publish the relevant article concerning each of the facts charged.

B. The circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the crime No. 1 in the crime list No. 1, the victim continued to have requested the deletion of the content as described in this part of the facts charged, even though the victim made a request for deletion, and the reproduction to his e-mail.

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