Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

(Defamation)

○ ○

Kim Jong-jin (Court Prosecution) and Diplomatics (Court Trial)

Attorney Gangwon-gu

May 28, 2015

Defendant shall be punished by a fine of KRW 3,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 100,000 won into one day.

Criminal History Office

On June 24, 2013, at around 40:40, the Defendant, as the reporter of the Company A, entered the news office of the 5th floor through the labor union office of the 1st floor without going through normal procedures, such as issuance of a prior promise with the victim D, the Director General of the news report office of the Company C (hereinafter referred to as the “C”) at around 30, and without going through normal procedures, such as issuance of necessary access certificates or visit certificates.

I think that the defendant will point out the victim's actions in the program that the defendant is proceeding, because the defendant's demand for delivery was received and the failure to comply was taken out by the news report's staff, etc.

On June 28, 2013: 00 to 20: 00, the Defendant, at the broadcasting room of Mapo-gu Seoul, 'C', ‘Internet Radio Broadcast', ○○ Radio, A, and ○○○○○○○○○○○○ (which has been a issue, is a program biased on media reports, such as articles that have been reported for one week). (13 drawings) The Defendant, along with Kim △△△, reports an article that is favorable to the government of the present public broadcasting and large media, and talks that the contents and contents of the articles of the media will be an article. On the other hand, the Defendant, who is in need of change in the method of appointing the president of the media, was now aware of the need to do so, and then, the Defendant, who is now aware of the need to do so.

In the last place, however, the Director-General of D. D. enter. . . . 'B', 'B', 'B', 'B', but 'B', 'B', 'B', but 'B', 'B', 'B', 'B' and 'B', 'B', 'B',

However, it is so far as to prevent any young woman from entering the Republic of Korea. . . . 'I do not see this . . . 'I do not have a flicker'. . 'I do not have a flicker . . . 'I do not have a flicker . . 'I have a flicker . . . 'I have a flicker . . . . 'I have a flicker . . . . 'I have a flicker . . . . 'I have a flicker . . . . . 'I have a flicker . . . . . . . 'I have a flicker . . . . . . 'I have a flicker . . . . . 'I will not have a flicker. ever. . . .. ...... .................. .............................................

이어서 위 김△△이 피고인에게 " 혹시 김□□ 사장한테도 그러는 거 아닌가 ? " 라고 묻자, 피고인은 " 제가 봤을 때는 이 정도까지는 못 하겠지만 아마 영이 안 서고 있는 건 분명한 것 같아요. .. 전번에 제가 김 기자 오보 건으로 그걸 했는데 결국에 검찰 출입을 한 번도 안 했잖아요, 그런데 김○○ 기자가 어찌 됐든 근신 5일인가 7일을 받았어요. .. 그런데 그게 문제가 안되는 게 법조반장 1진으로 갔잖아요, 계속 검찰 1진으로 갔어요, 지금 출입을 하고 있어요. 그런데 최근에 C사 검찰 출입라인이 시용기자 출신으로 전부 바꾸었답니다, 이게 뭘 의미하겠습니까 ?, 사장이 인사위에 회부해서 ' 근신 7일을 때려라, ' 그런데 어차피 검찰 1진으로 발령 낸 사람은 D 보도국장이예요. 시용기자들로 다 바꿨거든. 그러면 D 라인으로 다 바꾸었다는 얘기예요. .. ( 위 김△△이 " D이 사장 되겠구만 ? " 하고 묻자, ) 아니 그건 지켜봐야 되지만 지금 C사 보도가 저렇게 발가벗고 뛰는 이유도 결국에 누가 저걸 총 책임을 지겠습니까. .. D이죠, D이 저렇게 하고 있는 거예요, 발가벗고 뛸 이유가 뭐겠어요 ? 여러 가지로 고려를 하겠지요 " 라고 말하였다 .

In addition, the defendant, " and the defendant, I would like to see that I would like to see that I would like to see in C, I would like to see in C, I would like to see. I would like to see that I would like to see in C, I would like to see. I would like to h. D. D. I would like to see that I would like to see that I would like to see in D? I would like to see that I would like to see in D? I would like to see in D? I would like to see in D, "I would like to see in D, I would like to see," and that I would like to see "I would like to see in B, I would like to see that I would like to see in D, I would like to see in B, I would like to see that I would like to see in B, I would like to see that I would like to see that I would like to see. I would like to see. I will.

그리하여 위 방송내용을 2013. 6. 28. 위 방송시간 이후 OOTV, 라디오 사이트에서 팟캐스트 ( POD CAST ) 사이트인 ' E ' 사이트로 링크되게 하여 [ ○○ 라디오 ] A - 김△△의 ○○○ 토크 ' 13화 빌게이츠 사망 大오보 D 작품 ' 이라는 제목으로 위 방송 음성파일을 게시하게 하여 불특정다수의 청취자들이 들을 수 있게 하였다 .

However, in fact, the above reporters did not have been registered as Cr. On the day of the instant case, they entered the news center without undergoing normal procedures for access to the news center on the day of the instant case, and the victim did not change all reporters who entered the public prosecutor’s office after becoming the news center to the (for trial) reporter, notwithstanding the fact that all of those who entered the public prosecutor’s office after becoming the news center was changed to the (for trial) reporter, each of the above false facts was stated, and on the other hand, the victim decided to report that the victim was prepared by the international father at the time of taking charge of the news center work as the vice head of the international department of the news center.

Accordingly, the defendant injured the victim's reputation by openly pointing out false facts and facts with the aim of slandering through information and communications networks.

Summary of Evidence

omitted.

Judgment on Defendant’s argument

The defendant asserts that, through his defense counsel, B is a reporter registered as Cratator, and that at the time before and after the victim took office as the director general of the news report office, there was considerable reason to believe that Cratian public prosecutor's office was changed to most of the victims such as Cratator, etc., and that there was no purpose to defame the victim.

However, the following circumstances revealed through evidence duly adopted and investigated: ① At the time of the instant case, the Defendant was in a state of not registering the victim’s access to the Plaintiff; ② the Defendant’s intent to speak that access to the Plaintiff was unfairly restricted by the victim; ② B was registered as the victim’s access to the news report without checking the victim’s access to the news report; and ② even if the victim’s use of the news report as an executive officer of the large media company, it is difficult to consider that the victim’s use of the news report for the purpose of checking the fact that it was unreasonable for the Defendant to view that the victim’s use of the news report as the victim’s main purpose was not the victim’s access to the news report, the Defendant’s use of the news report as the victim’s main purpose was not the victim’s access to the news report, and the Defendant’s use of the news report as the victim’s use of the news report as the victim’s main purpose was not the victim’s use of the news report, and the Defendant’s use of the news report as the victim’s main purpose was the victim’s visit.

Application of Statutes

1. Article applicable to criminal facts;

Comprehensively, Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which was committed by the Defendant while expressing each false fact in the judgment, constitutes a single crime by combining it with the intent of intending to raise the quality of the victim as a director general of the C company report. The crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., which was committed by the Defendant while indicating the facts, also resulted from the aforementioned intent. As long as a series of acts by the Defendant are less than one of the victims’ intent, the part of the crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., due to the statement of false facts, does not constitute a separate conviction by

1. Selection of punishment;

In light of the fact that the decision of fine (the defendant's statement in this case, the defendant's statement in this case, the level of the defendant's statement, and the freedom of press related to the coverage of journalistss need to be guaranteed more extensively, etc., the decision of fine was made by taking into account the following factors:

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

Judges Kim Jong-ho