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(영문) 수원지방법원 2013.10.30 2011고정3185
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 25, 2010, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) at the Suwon District Court on November 25, 201, which became final and conclusive on April 14, 201. On November 3, 2011, the Defendant was sentenced to imprisonment for four months and one year of suspended execution with labor for a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) at the Suwon District Court on November 27, 20

On April 14, 2010, the Defendant, on the free bulletin board of the Seoul Gangnam Police Station (www.mpa.go.go.r/gn), entered the title “the chief of the police station’s police station’s 2511 name” in order to defame the victim, for the purpose of slandering the victim, even though there was no fact that the victim C committed a larceny or threatened him/her, and then stolen the victim’s reputation by openly pointing out the false fact that “C has taken place at his/her house so as to exceed 10 gold places after he/she got at his/her house.”

Summary of Evidence

1. Statement to C by the police;

1. A complaint, a free bulletin board;

1. Investigation reports (related to personal information replys to posts);

1. The defendant's separate decision (6 cases in total, including 2010 highest 3229), each fact inquiry report; and

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry reports and written judgments by the defendant (total of six cases, such as 2010 altitude329, etc.);

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment [the crime of this case shall be determined by taking into consideration equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, which are related to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (defacing crimes and the violation of the latter part of Article

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