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(영문) 대전지방법원 2013.03.27 2012고정2145
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall defame another person by divulging a false fact openly through an information and communications network with intent to defame the person.

Nevertheless, on June 11, 2012, the defendant, within the following 12:47 Seo-gu, Daejeon, 302, issued a letter "Fraud" under the following Kapete D'. "G graduates G from the F.9 times at E had been able to commit 9 crimes before and after September 13, 2010, she was released from the prison at the end of the Daejeon Prison life, and was released from the prison on the end of the month in which he was able to have his mother and child living, who is well able to be released from the prison at the end of the month in which she was released from the prison at the end of the time in which she was released from the prison at the end of the month in which she was able to take another morale." The defendant also posted the letter "B 18:07,000, G 1200,0000, I will be able to see that the victim's new she was released from the prison at the end of the Daejeon prison life."

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Selection of an alternative fine for punishment;

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

1. The initial reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the motive for committing the crime, etc.

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