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(영문) 서울남부지방법원 2020.12.23 2020고정910
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
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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 person operating the “C” channel, and the victim D is a reporter affiliated with the online newspaper “E”.

On June 8, 2019, the Defendant was investigated by the Seoul Jongno-gu Seoul Metropolitan Police Station on the fact that he assaulted the victim in the “F” open in Jongno-gu Seoul. On or around the 9th day of the same month, the Defendant posted a screen image (referred to as “G”: (a) added a caption, such as “A”, which added a caption, such as “C, while misrepresenting the victim while making a misrepresentation,” which added the victim’s image to “C” channel to the Internet portal B, carried the victim’s image onto the “C” channel operated by him, depending on whether the face is probed or unbured,” and then, on or around the 14th day of the same month.

However, in fact, the victim is not a fake but a regular reporter belonging to the online newspaper "E" rather than a fake reporter who assumes the reporter, and there was no fact that there was no demand to the participants of the impeachment invalidation assembly for the money in the name of agreement after paying the trial cost.

Ultimately, with the aim of slandering the victim, the Defendant revealed false information openly through the information and communications network on two occasions, thereby impairing the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. B video files (USB);

1. A written statement of I and J;

1. Investigation report (review records of assault cases related to confirmation of false facts as to suspect's assertion);

1. The application of the Act and subordinate statutes governing the Seoul Central District Court's 2019 type No. 50602, the Seoul Central District Court's 2019 type No. 1689;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

1. The Criminal Act among concurrent crimes.

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