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(영문) 수원지방법원 성남지원 2018.11.01 2018고정979
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant and the victim C are in conflict with each other for about one year in 2013.

1. On October 31, 2016, the Defendant received notice of the Defendant’s prosecution against Fran C, on the page (www.faceok.com) of the Pindo (New.faceok.com) of the Pindo (hereinafter “D”) on October 31, 2016, that the former Pindo type was immediately accused of defamation by publicly alleging false facts, and that the prosecution against Findo C was decided on October 31 of the Mindo, and that the prosecution against Findo was decided.

In addition, the Daejeon District Prosecutors' Office made a photograph of "the result of the disposition of an accusation case" to the effect that the victim sent to the defendant by the Daejeon District Prosecutors' Office was the summary of violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Defamation).

Accordingly, the defendant has damaged the reputation of the victim by openly duplicating facts through information and communication networks with a view to slandering the victim.

2. On October 31, 2016, around 16:45, the Defendant applied a photograph of “E” as stated in paragraph 1 of “E” on the w.toy’s machine site (www.today.co. kr) and was indicted as a document for a false factual inspection.

“ ........”

Accordingly, the defendant has damaged the reputation of the victim by openly duplicating facts through information and communication networks with a view to slandering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecutor and the police for C;

1. Application of the statutes governing flusing fluencies and flusing fluencies;

1. Article 70 (1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting a crime and Article 70 of the relevant Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant shall have previously been honored by the injured party.

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