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(영문) 서울북부지방법원 2016.01.07 2015고정1472
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine not exceeding three 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 is a member of the Association C, an incorporated, who served as the Secretary General of the Association from November 23, 2013 to April 15, 2014.

No person shall conceal any false information openly through an information and communications network with intent to defame any other person, thereby impairing the reputation of any other person.

Nevertheless, around November 22, 2014, the Defendant access the Defendant’s house located in Dongdaemun-gu Seoul Metropolitan Government, to the Defendant’s website of the Association, an incorporated association, using a computer, and submitted “A” to the victim E, the president of the said Association, who is the president of the Republic of Korea and Germany, “A” as the auditor sent by the President of the Republic of Korea and Germany, only to the person whose annual fee was paid.

to the extent that it has been suspended;

The members of the Korean Federation, which had received this “written audit” first, posted a letter that “it is clear that the members of the Korean Federation, who followed the acts of the executive body and who paid annual fees, should be able to interfere with the state’s work, by making the persons who paid the annual fees as a son’s right.”

However, there is no attempt to deliver a letter of audit to the members who have paid membership fees.

Accordingly, the defendant abused the victim's reputation by disclosing false information through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Legal statement of witness E;

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

1. Part concerning E-examination of the suspect of the police against the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to file a complaint and report on investigation (Submission of Materials by complainants);

1. Article 70 (2) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, as well as Article 70 of the relevant Act;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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