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(영문) 서울중앙지방법원 2018.05.09 2017고정3718
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, at around 08:19, on April 15, 2017, was using the Internet portal site “ Following the Internet portal site “D”, and the Defendant, at around 08:19, posted a false statement in the name of “F” under the title of “F” in the absence of a actual sexual indecent act committed against the victim, even though he did not have committed a sexual indecent act against the victim with the intent to obstruct the victim by accessing the Defendant’s free debate bulletin board at the site of the Information and Communications Network: (a) on April 15, 2017; (b) on the premise that the victim’s sexual indecent act was committed against the Defendant; and (c) on the premise that the victim’s sexual indecent act was committed against the victim; and (d) on the premise of “F”, the Defendant’s perception of the victim’s sexual indecent act was committed against each court submission of each court confirmation document; and (c) on July 20, 2017, the Defendant detained the Defendant’s sexual indecent act and defense violation.”

7. Until May 1, 200, by posting a false statement about the victim in the same manner four times in total, such as the list of offenses in the annexed sheet, thereby impairing the honor of the victim.

2. We examine whether each of the expressions of this case posted by the defendant was an indecent act against the victim's sexual intercourse, and whether such expressions were false or not.

In light of the following circumstances acknowledged by the record, it is difficult to readily conclude this only with the evidence submitted, including the victim's legal statement, the decision of non-prosecution of the indecent act case against the complainants (No. 24827 of the Suwon District Public Prosecutor's Office's Branch Office 2015), the notification of the reason for non-prosecution of the indecent act case against the complainants (No. 4604 of the Suwon District Public Prosecutor's Office 2016, No. 4604 of the Suwon District Public Prosecutor's Branch 2016), and the text of the judgment (No. 2016Na 75722, etc.).

① On July 23, 2014, the Defendant’s chests, etc. are forced to attract and dance the Defendant at a singing room near the Seoul Central District Court.

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