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(영문) 서울중앙지방법원 2016.06.15 2016고정576
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant refers to “F C from the past D at a place where it is difficult to know the location of the Defendant.”

Nr. Nar and his activity refers to NH.

Nar sent a text message to D women’s members to the effect that N.D.’s sexual intercourse pictures are added to the body’s body burgical telegrapher’s burgical telegrapher’s burgical burgical burgical burgical burgical burgical burgical burgical burgical burgical burging.”

Accordingly, the defendant, with the aim of slandering, damaged the reputation of the victim H by disclosing openly facts.

Summary of Evidence

1. Partial statement of the defendant;

1. The part concerning the statement of H in the prosecutor's office concerning the defendant in the suspect interrogation protocol

1. Statement made by the police with H;

1. Written confirmation of each fact in C, I, J, K, and L;

1. A complaint;

1. Application of Acts and subordinate statutes to a report of investigation (referring to reference and monetary content);

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

1. A fine not exceeding 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel regarding the argument of the suspended sentence under Article 59(1) of the Criminal Act (i.e., the background of the crime and the details of the alleged fact), the Defendant and the defense counsel asserted that the Defendant’s act constitutes an act that does not violate the social rules, in light of the fact that the Defendant’s act was committed with respect to the public interest of the club members at the time when the Defendant acted as the president, and thus, the purpose of slandering is denied.

However, in light of the content of the text message sent by the Defendant, in particular, the expression “a fluorous act with a thickness of people”, etc., the Defendant did not have a purpose to slander H in light of the content of the text message sent by the Defendant.

shall not be deemed to exist.

In addition, although the defendant made the above text message, the defendant made the above text message.

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