(영문) 인천지방법원 2018.05.31 2017고단9580

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(영문) 인천지방법원 2018.05.31 2017고단9580

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 25, 2017, the Defendant insultd on October 25, 2017, using that he/she was an clinic in connection with D church website “E” from the first floor of C dental clinic in Dong-gu Incheon Metropolitan City around October 25, 2017 to “F” for the victim G.

To see the human being who wishes to pay the house or property of neighbors in the Republic of Korea

The victim openly insultingd the victim by posting a letter stating the following: “A human being who does not live in the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog of the dog.”

2. On October 26, 2017, the Defendant, at the place indicated in paragraph (1) on October 26, 2017, posted a letter stating that “the victim as indicated in paragraph (1) access to the website as described in paragraph (1) and openly insulting the victim as to the victim as indicated in paragraph (1).”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A complaint filed for G production;

1. Data on investigative cooperation and replies (PC and IP information used by the person under investigation), investigation report (case of a request for communication data on IP used by the person under investigation at the time of committing the crime), results of response to a request for communication data (H Internet);

1. After the closure of a suspect's posting of the suspect related to the complaint, the Defendant considered that the victim's act of cutting down the suspect CCTV screen [the Defendant] was a legitimate act that does not violate the social norms and was using some inappropriate expressions while posting an article to criticize the business that was carried out in the "Act on the Maintenance and Improvement of Urban Environment in the I Commercial Area," which is the head of the association as the representative of the association. However, even if the Defendant posted the above article in the position of opposing the business, the above article is reasonable for the Defendant's judgment and opinion.

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