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(영문) 인천지방법원 부천지원 2018.06.07 2017고정941
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the operator and reporter of online newspaper B’s online newspaper, and is a person who broadcasts the Internet as “D” in “C”’s personal broadcasting;

1. On March 30, 2016, around 04:32, the title “E” connected to the online newspaper “B,” and the title “E” was less than F. G 16 administrative division of the Seoul Administrative Court: (a) the first administrative branch of the Seoul Administrative Court requested the cancellation of the disposition to be enlisted in active duty service; (b) the first administrative branch of the Seoul Administrative Court won won in favor of the Plaintiff in the lawsuit filed against the Seoul Military Manpower Administration (Seoul Military Manpower Administration) for the cancellation of the disposition to be enlisted in active duty service; and (c) there was a spread of a wave by winning the Plaintiff in the lawsuit filed against the Seoul Military Manpower Administration; and (d) there was a claim for mental division certificate, and due to the learning, it was done twice in the emergency room at the wind of play.

At this time, there was a precedent of hospitalization in the mental department at that time, and 42 times of outpatient treatment for two years, which was exempted from mental illness.

In the broadcast, the article was written as a brightnessd article(hereinafter referred to as "the article of this case").

However, it is true that the victim I had not claimed a mental fission since eight years ago, had been placed in an emergency room twice or more on the wind used in play due to you, or had not received a outpatient treatment 42 times for two years, and was exempted from mental illness.

There was no omission in the broadcast.

2. 2016. 4. 15. 경 ‘C’ 의 ‘J’ 채널을 통해 ‘I 의 군 문제에 대한 토론’ 을 주제로 불상의 남성과 전화로 토론하면서 ‘I 은 군대 가기 전 까지는 치료도 안 받았고, 멀쩡하게 동기들과 여행가고, 뮤지컬보고, 정상인 활동을 하였다’ 는 취지로 말하였다.

However, before entering the hospital on November 20, 2007, the victim I was judged to suffer from stress disorder and depression with the mental department of K Hospital even before entering the hospital on November 20, 2007 and was hospitalized in the hospital from July 27, 2007 to August 3, 2007.

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

Summary of Evidence

1. The defendant's partial statement in court;

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