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(영문) 수원지방법원 성남지원 2017.10.13 2017고정424
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 25, 2016, at around 21:23, the Defendant posted a letter of response recommended by the victim D’s private teaching institute on the recommendation of the Institute of Education, which was posted on the information and communications network, on an information and communications network, and published it, the Defendant posted his/her opinion as “E” while posting his/her opinion on it.

This question also is likely to have been taken and received in this marketing team.

As the portion of the golf practice hall has come into the educational project of a private teaching institute, dynasty dynasty is required to do so.

In addition to posting a letter “,” from June 22, 2016 to June 25, 2016, up to 11, as indicated in the list of crimes in attached Table 11, the Internet NAV knowledge column and comments on the Blorogs.

However, it was not confirmed that the victim had been operating the golf practice hall before, and the victim did not advertise in the way that the victim mobilized his employees to return to the PC room and asked questions and posted answers.

Accordingly, with the aim of slandering people, the Defendant posted a false fact openly through the information and communication network, thereby impairing the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of the statutes governing posted materials;

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

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the assertion that there is no false fact, the Defendant and the defense counsel, as indicated in the list of crimes in the separate sheet, shall prepare and put up the Internet NAVV knowledge column and the content on the tables in comments on the Internet (hereinafter referred to as “each of the instant cases”).

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