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(영문) 창원지방법원 통영지원 2015.09.25 2015고단708
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 14, 2015, the Defendant, who violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) (hereinafter “Information and Communications Network Utilization and Information Protection Act”) (hereinafter “Information and Communications Network Utilization and Information Protection Act”) posted a written statement on the NAV Kaf C by accessing the computer at the Defendant’s residence, and posting the NAV Kaf C related to the Mesca (JHE). Although there is no Mes patient at the E Hospital, the Defendant posted a written statement on the Mesca, stating that “I am working at the GG E Hospital, and is isolated from the E Hospital, I am the Mesca in which I am. F was shared as a F affiliate employee.”

Accordingly, the defendant, who is the victim, damaged the honor of the victim by exposing false information openly through the information and communication network for the purpose of slandering the E Hospital G as the victim.

2. The Defendant interfered with the operation of the hospital by spreading false information to the E hospital operated by the victim G, at the time, at the time, and at the place described in paragraph (1), thereby obstructing the victim’s operation of the hospital by allowing many and unspecified persons to undergo a medical examination at the hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes concerning resignations, such as Internet comments, contents, outputs, etc.;

1. Relevant provisions of Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 314(1) and 313 of the Criminal Act concerning criminal facts, the selection of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act;

1. Crimes of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) and Act on Promotion, etc. of Utilization and Information Network Utilization and Information Protection, etc. (Defamation) that have no basic area (6 months to 1 year and 6 months), which has no special person, interference with the business of sentencing under Article 62-2 of the Social Service Order Criminal Act (the scope of recommending punishment)

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