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(영문) 서울남부지방법원 2013.11.11 2013고정2724
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The prosecution of this case is dismissed.

Reasons

1. The abstract of the facts charged shall not defame any third person by divulging a false fact openly through an information and communications network with intent to defame the person;

On May 7, 2013, at the defendant's house located in Gangseo-gu Seoul Metropolitan Government on May 18:16, 2013, the defendant posted the video news emitting the caption called "Gangseo E-gu Child Care Center" as an article under the title of "(on-site Mak-dong)" from the Internet "Neber" community with respect to "E Child Care Center operated by the victim C," which is a victim's hold as a son," along with the passage of the above church as an article. The defendant puts his comments on the above article in the name of "Idif," and puts his comments on the article in the name of "F," and the above article puts his comments to the "F, which is the place where I attend the E Child Care Center," and cut off his own money and deducted the church money, which is now changed to the members of the E child care center, and the members of the lawsuit who now tried to see both the members of E in the child care center and the members of E who tried to do so in the lawsuit.

However, there was no fact that the victim did not borrow money from the members of the Diplomatic Association or deducted church funds, and there was no fact that the plaintiff or the father of the victim was subject to criminal punishment due to fraud.

Nevertheless, in order to defame a victim as above, the Defendant, through an information and communications network, thereby exposing false information openly through the information and communications network, thereby impairing the honor of the victim.

2. The facts charged in this part of the judgment are those falling under Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and prosecuted against the victim’s express intent pursuant to paragraph (3) of the same Article.

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