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(영문) 춘천지방법원 2011.08.11 2011고정272
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 7, 2010, at around 04:43, the Defendant posted a statement on the Internet NAC bulletin board of Jung-gu Seoul, Jung-gu, Seoul, stating that, without any grounds, “E” related to the “E”, which is a gratties between the two sides of the gratties in Chuncheon, the greatest number of gratties in the gratties between the two sides of the gratties or the grat between the two sides of the gratties.

Accordingly, the Defendant damaged the reputation of the victim by openly pointing out false facts, and spread such false facts as above, thereby hindering the victim’s “E” restaurant business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on output generated by Internet closure;

1. Article 307 (2) of the Criminal Act related to the relevant criminal facts (the point of defamation by the statement of false facts), Articles 314 (1) and 313 of the Criminal Act (the point of interference with business by the distribution of false facts);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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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