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(영문) 부산지방법원 2017.08.17 2016고정3450
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

1. The Defendant of defamation: (a) from July 5, 2015 to February 28, 2016, in a place where it is impossible to identify the front of the D church entrance located in Gangnam-gu Seoul Metropolitan Government and the surrounding areas of D church; and (b) the victim E, who is a pastor of the D church and the D church, to slander the victim E, the victim E, who is the victim of the D church and the D church.

”, “ 기독교를 욕되게 하는 D 교회 E 목사가 몽 골대학 갈취하여 간 것 좀 찾아 주세요!!”, “ 강남 D 교회 E 목사가 몽 골대학 갈취하여 간 것을 좀 찾아 주세요!!” 등의 허위내용이 기재된 피켓을 들고 서서 소위 1 인 시위를 함으로써 공연히 허위의 사실을 적시하여 D 교회 담임 목사 피해자 E 및 피해자 D 교회의 명예를 훼손하였다.

2. On February 1, 2016, the Defendant, who violated the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) transmitted pictures containing the form of one demonstration as described in paragraph (1) to many people, such as a Kakakao Stockholm Office or newspaper reporters, etc., and spread the aforementioned contents as if they were true, thereby impairing the honor of the victim E and victim D church, who is a pastor of D church, by leaving false information open to the public through an information and communications network for the purpose of slandering people.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A photograph of each one stage of demonstration (2: 14 pages of investigation records), a Kakakao group TV room and a photograph (2: 73 pages of investigation records);

1. Application of each decision on non-prosecution (one right 46 pages, two right 89 pages) and statutes on the decision on application for an adjudication (two right 93 pages of investigation record);

1. Article 307(2) of the Criminal Act as to the facts constituting an offense (the point of defamation by a false statement) and Article 70(2) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (the point of defamation by a false statement of false facts through an information and communications network);

1. The Commercial Concurrent Crimes Act.

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