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(영문) 춘천지방법원 2018.06.19 2018고정77
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a general administrative officer who operates the "D" in the Seocheon-gun C.

1. On May 11, 201, the Defendant posted a letter that slanders himself/herself on the victim E (the 61st generation, South Korea) on the bulletin board of the website of the Ycheon-gun Office of Cheongcheon-gun, in violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation). On May 26, 201, anyone published a letter that “F” on the bulletin board of the website of the Ycheon-gun Office that allows free access, due to his/her personal corruption and mistake, and published a statement that he/she was predicted in the G community of the Gangwon-guncheon-gun, Seocheon-gun, Gangwon-do on November 201, and published a fact and a false statement eight times in total by 06:46 on May 26, 2017, such as the list of crimes.

Accordingly, with the aim of slandering the victim, the Defendant posted a public fact and false fact through the information and communication network, thereby impairing the honor of the victim.

2. A person who is not a certified judicial scrivener shall not accept the preparation of documents submitted to the court and the public prosecutor's office;

No defendant shall receive fees from a person who holds a general administrative officer's license, and from another person in return for having prepared a written complaint.

Nevertheless, the Defendant, upon H’s request, sent a letter of complaint to H, and then received KRW 200,000 from H in return at the J office located in the Y-gun of Gangwon-do in the middle of March 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and H;

1. Application of Acts and subordinate statutes on notices on the free bulletin board of the Ycheon-gun Office, suspect preparation notices, administrative certificate, business operator registration certificate, and report on administrative business;

1. Article 70(1) and (2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts, Article 70(1)1 and Article 3 of the Judicial Act [Selection of fines, and the Defendant’s confession of all crimes in this court, and reflects his mistake.

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