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(영문) 울산지방법원 2015.09.15 2015고정1191
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 8, 2014, the defendant was the husband of the victim B (n, 27 years of age) and Morocco who invited the victim in Korea after taking the marriage.

No person shall reveal a false fact openly through an information and communications network with intent to defame another person, thereby impairing the reputation of another person.

Nevertheless, around October 28, 2014, the Defendant posted a statement on the Defendant’s residence in Ulsan-gun C, Ulsan-si, stating, “Garbage” and “Morocco in Moroce in Moroce” under the Defendant’s cell phone, on the ground that the Defendant tried to have a marital relationship with the victim who entered Korea, but the victim refused to have sexual intercourse and left the house. However, even though the victim did not have a scam, the Defendant had access to the Internet social network, and then posted the Defendant’s cell phone pictures and the cambage photographs of the victim who had already been taken, and the victim had a scambage taken.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to a photograph by cutting down a Face North Korea;

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

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