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(영문) 부산지방법원 2016.02.04 2015고단7024
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who was a passbook of Busan Jin-gu B apartment, and the victim C was a chairperson of the same apartment management committee.

1. On December 28, 2014, the Defendant’s defamation around December 28, 2014, on the Defendant’s residence located in the above apartment, up to 300 residents of the above apartment complex, was an Internet site on which he/she had access to “B apartment Kaff,” where anyone can read the writing posted on the bulletin board, and (C) first demanded KRW 1,00,000 as the representative expense payment standard, and paid KRW 400,000 as the amount of money. As a result, the Defendant posted a letter “B Kaf,” stating that he/she had access to “B Kaf,” where anyone can read the writing posted on the bulletin board.

2. On January 8, 2015, the Defendant’s defamationd the above Internet site at the above Internet site around 03:00 on January 8, 2015 and posted the official seal of the head of the management office on the New Twitday and then posted the official seal of the head of the management office on the Kaf page in excess of C’s hand, and there was a fluence for which the official seal was posted on the Kaf page.

(Public Notice Notice has its unique character only to the Director);

A person who has resigned from his office has been engaged in the conduct of an initial law;

There is no new wall 2:35:00 on the first floor public notice bulletin board, and the notice that the elevator's notice was known to the elevator was made before C's hand and posted on the car page to be de factoized.

The notice posted the phrase “.....”

Accordingly, with the aim of slandering the victim, the defendant injured the victim's reputation by disclosing facts openly through the information and communication network.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on criminal complaint, bulletin board, and police statement protocol to victims;

1. Article 70(1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the selection of a punishment: the content of defamation and the fact that the victim was the Defendant’s wife, etc.) regarding criminal facts.

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