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(영문) 서울중앙지방법원 2018.07.04 2018고단1127
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In fact, the victim D(38) who is a reporter of C press was sexually abused five persons, was investigated by the police, and there was no fact that the police reviewed the application for detention warrant against the victim.

On November 9, 2017, the Defendant connected 19:00 to the Kakao Stockholm Kakao Stockholm, “E” with 90 persons first, sent an image to the effect that the victimized person was the perpetrator of the instant case by contributing to the previous G press by the victim to the effect that he/she was the perpetrator of the instant case while the dialogue, such as “E” in the corresponding book of the participants, F press next news report, and the talk that the victim was a victim at the present time of the victim G press.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police of D;

1. Publication printed articles [Recognizing the fact that the defendant transmitted the image recorded in the facts constituting the crime, but there was no intention to commit defamation or there was no intention to defame the victim;

The argument is asserted.

In light of all the following circumstances revealed by the aforementioned evidence, namely, the point at which the Defendant set up the image of the instant group in the instant group, the conversation between the group hosting room at that time, and the motive for the Defendant’s transmission of the image of the instant case, etc., it can be sufficiently recognized that the Defendant had a criminal intent to defame the victim at the time of transmitting the image of the instant case, and that the Defendant intended to delete it thereafter.

(1) The same does not apply to any other matter.

In addition, in light of the fact that the defendant sent the victim's image without any effort to confirm the facts with respect to the contents acquired from other sources of information, the defendant's career, the background leading up to the transmission of the video of this case.

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