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(영문) 서울서부지방법원 2020.05.13 2020고정368
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant was the 'B' franchisee, and the victim C was the head office of the 'D' head office and is the operator of the headquarters of the 'D' head office.

The victim is not a person who has reported the owner of a letter of apology and decides whether to maintain the franchise agreement according to the result thereof, but there is no fact that the owner of a letter of apology

Nevertheless, on March 1, 2018, the Defendant, who has a complaint to the method of operating the headquarters of B member stores, prepared a statement stating that “CN, especially in the case of Nogrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

3.3. Along with the victim’s carotory at a scartory site, the author written comments stating, “Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, I

Accordingly, the defendant revealed openly false information through the information and communication network for the purpose of slandering the victim's reputation over two times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the Kakaso Act to the closure of a course;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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