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(영문) 인천지방법원 2014.02.11 2013고단4017
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the E reporter located in Bupyeong-gu, Seoul Special Metropolitan City D.

The victim F was a S and Police Officer of the Incheon Samsan Police Station, and the Defendant was under the control of a singing room within his jurisdiction on December 26, 2012, the victim F controlled the news room G G, which was known to the Defendant, and the Defendant asked the victim to take the control over G, but the victim refused the above request. Meanwhile, the victim did not have any preferential treatment, such as prior notification, when the victim had a high school club operator operating a singing room in his/her jurisdiction attend the same meeting or regulate the same.

No one shall distribute information that defames other persons by divulging false information openly through an information and communications network.

Nevertheless, on January 17, 2013, the Defendant posted an article on the Internet homepage called "H" on the Internet homepage as of January 17, 2013, stating that "a police officer Amo (sal assistant) affiliated with the Incheon Incheon Provincial Police Agency was aware that the police officer in his/her own jurisdiction, who did not know it well, was the same as that of a police officer in his/her own region, and had him/her attend the bnomos meeting to confirm that the police officer in the bnomos in his/her jurisdiction was the same as that of a police officer in his/her own region, and that he/she was allowed to attend the bnomos meeting, such as giving a prior notice by telephone if there is a crackdown thereafter."

As a result, the defendant openly revealed false information, thereby impairing the reputation of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and J;

1. A newspaper technician, a corrective news report, a mediation protocol, and a list of the general members' meetings;

1. Application of the Acts and subordinate statutes to news article initial advisers;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant under Article 334(1) of the Criminal Procedure Act and his defense counsel under the provisional payment order.

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