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(영문) 서울북부지방법원 2018.09.06 2018고정96
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who served as a part-time lecturer at a private teaching institute operated by the victim D from November 14, 2016 to January 20, 2017.

On February 6, 2017, the Defendant stated in the indictment that “the Defendant had made a Kakakao Stockholm Group Library with others first,” but it is apparent that the Defendant only participated in the above group reading room and did not have any substantial effect on the Defendant’s right to defense, even if corrected as stated in the judgment, it is determined that the correction does not affect the Defendant’s right to defense, and thus ex officio, the indictment is corrected.

In the Kakao Stockholm Library, it refers to the head of a kindergarten with the intent to defame the above D as its head; “the head of a kindergarten”; “the head of a kindergarten with the head of a kindergarten with the aim of harming the said D”; “the head of a kindergarten with the parent of the parent shall be an unqualified person as an educator”; “the head of the kindergarten shall be an unqualified person as an educator”; and “ even if the head of a kindergarten with the aim of harming the said D, his personal character has been written.”

“Along with the desire of the president to be able to do so in the vicinity,” the phrase “absing the president to be able to do so,” and “absing that the president would be able to do so if so,” thereby impairing the honor of the above D through an information and communications network.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Kakao Stockholm dialogue legislation

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense, and Article 70 (1) of the same Act (Selection of Penalty)

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination of the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 201).

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