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(영문) 서울남부지방법원 2016.07.21 2015고정1792
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant

A shall be punished by a fine of 500,000 won, and a fine of 500,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On August 23, 2014, Defendant A posted a written statement stating that “G” was due to the fact that the reason for the divorce was due to the excessive attitude by the sexual age of the victim Party A, by accessing the Internet, “D” at a closed place, and by posting a written statement that Defendant A’s pictures and medical records of the victim F, etc.

However, there was no difference between H and H, and there was no fact that H was pregnant of H's child.

Nevertheless, with the aim of slandering the victim, the Defendant posted a false fact openly through the information and communications network, thereby impairing the honor of the victim.

2. On August 23, 2014, Defendant B visited the Internet site called “J” at the Defendant’s residence located in Gwangjin-gu Seoul Special Metropolitan City, and was pregnant and appointed as M in Gyeonggi-do, under the title “L” as “K” on the free bulletin board.

In this fact, a notice was posted on the “Isday” summary.

However, there was no fact that the victim was pregnant of H's child, not the internal female of H.

Nevertheless, with the aim of slandering the victim, the Defendant posted a false fact openly through the information and communications network, thereby impairing the honor of the victim.

Summary of Evidence

[Defendant A]

1. Statement made by the defendant A in the first trial record;

1. Statement made by the police with regard to F;

1. Evidential materials (18 pages of documentary evidence);

1. Report of investigation (specific suspect) (Defendant B);

1. Statement made by the defendant B in the second public trial record (the fact that the notice was posted is recognizable shall be the statement made at the place where it is recognized);

1. Statement made by the police with regard to F;

1. Evidential materials (the 21th page of evidence records);

1. Investigation Report (Warrant reply - J Application of Acts and subordinate statutes);

1. Defendants of the relevant legal provisions and punishment regarding criminal facts: Article 70 (2) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Selection of Penalty)

1. Defendants to be detained in the workhouse: Each criminal law.

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