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(영문) 인천지방법원 2017.08.11 2017고합275
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 30, 2016, the Defendant refers to the victim I in the Kakao Stockholm Section, “H,” which was connected by the members of the “G” at the Defendant’s home located in 401, Seocheon-si Building F, the Defendant, around 13:01, and “I” refers to the victim I. In the Kakao Stockholm Section.

Violation of the Illegal Check Act 2 cases and 5 million won

(zc) Three million won;

(z) 150. 50. 50

complete criminal wording; or

“.......”

Accordingly, the defendant has damaged the reputation of the victim by exposing public facts through information and communication networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of I;

1. Application of Acts and subordinate statutes to a Kakao Stockholm course (No. 1), to capture comments on bulletin boards (No. 2), to take a Kakao Stockholm course (No. 3)

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting a crime and Article 70 of the relevant Act;

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's and his defense counsel's assertion did not contain the purpose of slandering the victim, and the defendant's act is related to the public interest, and there is no constituting element or illegality.

2. For conviction as a result of the jury verdict: Seven persons (at will).

3. Comprehensively taking account of the evidence duly adopted and examined by this court, the defendant may be deemed to have injured the victim’s reputation by putting his criminal record against the victim openly through the information and communications network with intent to defame the victim.

Therefore, the defendant and defense counsel's above assertion is not accepted.

Reasons for sentencing

1. Scope of applicable sentences under law: A fine not exceeding 30 million won (Provided, That a fine not exceeding two million won under the summary order shall be raised in accordance with prohibition of disadvantageous changes under Article 457-2 of the Criminal Procedure Act);

2. Determination of sentence: Two million won;

3. Imposition of a fine of 2 million won on the jury’s opinion: Four.

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