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(영문) 수원지방법원 2020.09.04 2020고단3754
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

A victim B was not a member of the C religious organization, but the Defendant, around February 26, 2020, posted a letter “B” with the content that “B is necessary since it was a teaching organization affiliated with C religious organization, so it is necessary that it entered first after hearing the end of the government,” thereby impairing the reputation of the victim through an information and communications network to defame the victim, by revealing false facts openly through the information and communications network for the purpose of slandering the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to public correspondence (request for the dissemination of false information pertaining toC or religious organizations);

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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