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(영문) 서울남부지방법원 2017.05.24 2017고단924
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

In order to slander the victim B, even though C had sexual intercourse with the victim with a mental disorder by force on September 1, 2016, the Defendant posted the following: (a) the content of conversation between the Defendant and the victim with respect to sexual intercourse damage on the Internet website “E” on September 1, 2016; (b) the content of conversation between the victim and C; (c) the victim’s photograph; and (d) the victim’s photograph cover-down on the victim’s page, thereby impairing the victim’s reputation openly through an information and communications network.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to B (in case of investigation, No. 3rd of the record at the time of investigation);

1. 페이스 북 해당 계정 스크린 샷, 캡 쳐 화면, 문자 메시지 캡 쳐 화면 법령의 적용

1. Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Optional to a punishment) of the relevant law and the choice of punishment for a crime

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are closely against the crime, and the fact that there was no criminal record prior to the instant crime, age, living environment, etc. are considered, the decision of fine and the punishment as set forth in the text shall be made.

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