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(영문) 수원지방법원 2017.12.07 2017고정2632
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 20, 2017, the Defendant, using a cell phone around 06:54, connected to the Internet “B” online, and posted a notice of “E” posted by the victim D who is operating the Sports Center under the trade name of “C”, and then, the Defendant seems to have raised too frequently the job offer notice, and there is a need for considerable operating status.

A notice was posted on the answer that twitners and legal disputes are true or not.

However, the victim did not have any legal dispute or business difficulties with the radar belonging to the above C.

As a result, the Defendant: (a) up to five times from February 20, 2017 to May 17, 2017, posted a written answer to the said Csports Center operated by the victim with a total of five times as indicated in the list of crimes, including impairing the reputation of the victim by disclosing any false fact openly via an information and communications network; (b) thereby impairing the reputation of the victim; and (c) interfered with the victim’s sports center business by spreading false facts at the same time, thereby impairing the victim’s reputation and spreading false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Article 70 (2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. of Information and Communications Network under the relevant provisions of the Act on criminal facts (a point of defamation through a factual representation within an information and communications network), Articles 314 (1) and 313 of the Criminal Act (a point of interference with business through a deceptive scheme);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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