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(영문) 서울서부지방법원 2018.10.31 2018고정235
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. Where the Defendant violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) at around 22:50 on August 6, 2017, at a place where it is impossible to identify the place, the Defendant visited the victim’s employees, partner companies, and group Stockholm rooms in which the employees and shareholders of the victim B participate, and refers to the victim, and refers to the victim.” The Defendant’s 's 's 's 'Wn-D' reported' and the 'Wn-Wn-C' reported 'Wn-C' and the 'Wn-C's 'Wn-Wn-Wn-Wn-Wn-Wn-Wed money removed from the passbook’s 's 'Wn-Wn-Wn-Wn-W' and the 'Wn-Wn-Wn-Wl-Wl-Wl-Wl-Wl-Wl-Wl

옥살이 ^^ ㅋ~” 라는 허위 내용의 글을 게시하였다.

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

2. Around August 3, 2017, the Defendant posted a notice on a victim B’s Stockholm room as indicated in paragraph (1) with respect to a location where it is impossible to identify the location, and published a notice on the victim B, “the business must be carried out, which is based on the deposit of business benefits,” and posted a notice on the victim B’s statement from August 7, 2017, stating four times in total as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The application of Acts and subordinate statutes on screen pictures (attached to a letter of complaint and a supplementary statement on complaint) following the closure of a Kakao Stockholm room;

1. Relevant Article 311 of the Criminal Act regarding criminal facts, the choice of punishment, Article 70(2) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. (the point of publicly alleging false facts through information and communications network), and the selection of fines, respectively;

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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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