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(영문) 수원지방법원 2017.01.11 2016고정2310
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

1. The criminal defendant, as a resident of B apartment, was in a 105 Dong representative of the said apartment and was in a 105 Dong representative of the said apartment, and became in an unresh relationship with C, the representative of the occupants of the said apartment.

The accident D, which was a resident of the above apartment, filed an application for the suspension of the duties of the representative of the tenant on account of the violation of the restriction on reappointment against the victim, but the application was dismissed due to the reason that the “not violating the restriction on reappointment” was dismissed.

On the other hand, the Defendant had been aware that D had not violated the provision on restriction on reappointment since before D applied for the suspension of performing his/her duties. At the same time, he/she found D to the Gu office and confirmed whether D violated the provision on restriction on reappointment of the victim, and that D had used the case in progress from November 14, 2014 to October 20 of the same month. Thus, the Defendant was aware that the victim did not violate the provision on restriction on reappointment.

Nevertheless, around October 26, 2015, the Defendant connected the Internet NAV Kaf B to the clinic “F” on the bulletin board of “E” (E), and the Defendant was aware of the fact that the injured party did not violate the restriction on reappointment, and the Defendant was also aware of such fact, with a view to slandering the injured party, the Defendant is hotly subject to audit, such as “the chairman’s restriction on reappointment and the number of service companies,” which is subject to audit and inspection.

“A notice stating the false content.”

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a complaint, documents submitted by each complainant (public notice, etc.), documents submitted by a suspect (a copy and a statement, etc. of the Enforcement Decree of the Housing Act);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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