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(영문) 춘천지방법원 2016.03.10 2015고정423
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant and the victim C(32 years) were in conflict with the Defendant from November 2012 to October 2013, 2013. Since the hedging, the Defendant sent several times a telephone or text message to the victim’s workplace, etc., there was a little amount of time for the Defendant to send the victim’s and the victim’s workplace compensation, etc., and there was a lack of reason to cancel the complaint after the victim filed a criminal suit against the Defendant.

After that, on April 13, 2015, the Defendant posted a statement on the Defendant’s house located in Chuncheon City D, 03:55, that read, “The Defendant visited the victim C(32 years of age)’s Kakaoto Ri with a cell phone for the purpose of slandering the victim, and posted a notice posted by the victim “a person mentally and physically with a single person and with a single woman’s life.”

In addition, from around that time to April 11:58, 2015, the Defendant had access to the victim’s carotones and posted comments on the posts posted by the victim on 12 occasions, as shown in the list of offenses.

As such, the Defendant undermined the reputation of the victim by pointing out facts through information and communications networks with a view to slandering the victim.

Summary of Evidence

1. Each legal statement of the defendant and witness C;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the Defendant’s posting comments and the printing out of the closures

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. There are extenuating circumstances for sentencing under Article 334(1) of the Criminal Procedure Act, such as the Defendant who led to the confession of each of the crimes in this case, and his mistake is repented in depth.

On the other hand, the defendant was ordered to take a summary order on the ground that he damaged the reputation of the victim by posting comments on the case of the Kakao Kakao Scarto Flue Flue, etc.

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