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(영문) 대전지방법원 2017.02.15 2016고단3183
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Although the Defendant, who uses the Internet page account in the name of “C”, was not aware of the Defendant’s pre-explication that D was negative in the Defendant’s pre-explication, the Defendant may disclose “D” to the public on April 10, 2016, if he/she was a person who was added to a friendly tool around 16:00 on April 10, 2016, by means of a victim’s photo and photo and sexually transmitted the customers’ money, and by means of an escape.

Freshing in the same singing room shall be running of a string, and a string of a horse with a string of a horse.

D C Naiopia

“The letter was posted.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photograph by cutting down a Facebook;

1. Article 70 (2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and Selection of a fine concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. An unfavorable circumstance is that the offense is inferior in light of the applicable criminal sentencing method for sentencing under Article 334(1) of the Criminal Procedure Act, and that the person who suffered damage did not receive a written indictment from the injured party.

The fact that a crime is recognized and is against the law, and that there is no record of criminal punishment is a favorable condition.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

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